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State  of   New   Jersey 

AN    ACT 

TO    REGULATE 

ELECTIONS 

(Revision  of  1898) 
APPROVED  APRIL  4th,  1898 

With  the  Amendments  Thereof,  and  Other 
Acts  Concerning  Elections 

AND    THE 

CONSTITUTIONAL      PROVISION      CONCERNING     THE 
RIGHTS  OF  SUFFRAGE,  INCLUDING  INSTRUC- 
TIONS relative  to  duties  of 

OFFICERS  AND  VOTERS. 


Compiled   and   Printed   under  the  Direction   of  the 
Secretary   of  State 


UNION   HILL,  N.  J. 
Dispatch  Printing  Company 

I0I4 


Registration    Days. 


Municipalities,,  5,000  and  Less  Inhabitants. 

First   Registration   Day,    September    8,  1914. 

*Second  Registration  Day, September  22,  1914. 

Third  Registration  Day,    . .October  27,  1914. 

Municipalities  Exceeding  5,000  Inhabitants. 

First  Registration  Day,    September  8,  1914. 

*Second  Registration  Day, September  22,   1914. 

Third  Registration  Day,    October   20,  1914. 

*Also  Primary  Election  Day. 


General  Election  Day,   November  3,  914. 


Chronological   Index 

Of  Duties  Relating  to  the  Primary  and  General  Elections. 


April  20th,  1914 — 

On  or  before  this  date  the  governing  body  of  any  municipality  shall  have 
changed   or   leadjusted   the   election   districts.     Section   306. 

May  Ist,  1914 — 

On  or  before  this  date  the  chairman  of  each  county  committee  shall  transmit 
in  writing  to  the  State  Civil  Service  Commission  a  list  of  the  names  whom  said 
chairman  recommends  for  appointment  in  the  several  election  districts  in  said 
county.     Section  jog. 

All  petitions  endorsing  a  candidate  for  election  officers  must  be  filed  with  the 
Civil  Service  Commission  on  or  before  this  date.     Section  30Q. 

June,   1914— 

The  chairman  of  the  State  committee  of  each  of  the  two  largest  political  par- 
ties may  nominate  two  citizens  in  each  county  as  members  of  the  county  board 
of  election.     Section  13. 

July,  1914— 

Two  members  of  the  county  board  of  elections  shall  be  commissioned  during 
this  month,   for  each  county,  by  the  Governor.     Section   13. 

July  Ist,  1914— 

On  or  before  this  date  the  chairman  of  the  county  or  city  committee  shall 
file  with  the  municipal  clerks  the  number  of  committeemen  to  be  elected. 
Section   245. 

August  1st,  1914 — 

The  term  of  office  of  all  members  of  the  county  board  of  elections,  commis- 
sioned in  July,  1914,  will  begin  August  1st,  1914.  The  term  of  office  of  two 
expires  August  ist,  191 5,  and  two  August  ist,  191 6.  Section  13. 

August  1st  to  10th,  1914 — 

At  ten  o'clock  A.  M.  on  the  first  Tuesday  of  August  or  on  such  other  day  as 
they  may  agree  on,  within  the  first  ten  days  of  August,  the  county  board  of 
elections  shall  meet  at  the  court  house  or  other  place  and  organize.  Section  14. 
Before  entering  upon  the  performance  of  their  duties,  they  shall  take  and  sub- 
scribe an  official  oath  or  affirmation  and  forward  it  to  the  county  clerk. 
Section    16. 

(3) 


278734 


August  Ist  to  September  Ist,   1914 — 

Between  these  dates,  in  every  year  wherein  electors  of  President  and  Vice- 
President,  members  of  the  House  of  Representatives,  a  Governor,  or  Senator 
for  any  county,  or  any  of  them,  are  to  be  elected,  the  Secretary  of  State  shall 
deliver  to  the  clerk  of  every  county  wherein  such  election  is  to  be  held,  a  notice 
slating  that  such  officer  or  officers  are  to  be  elected  at  the  ensuing  election  ;  the 
clerk  of  such  county  shall,  within  fifteen  days  after  the  receipt  of  the  notice, 
deliver  a  certified  copy  of  such  notice  to  each  township  and  municipal  clerk  in 
his  county.  Section  5.  Between  the  same  dates  in  every  county  wherein  a 
sheriff,  coroner,  clerk,  register  of  deeds  or  surrogate  is  to  be  elected,  the  county 
clerk  shall  deliver  a  notice  to  each  township  and  municipal  clerk  in  his  county 
that  such  officer  cr  officers  will  be  elected.     Section  6. 

August  8th,  1914 — 

On  or  before  this  date  the  Secretary  of  State  shall  provide  proper  and  suffi- 
cient canvassing-books,  poll-books,  identification  statements,  registry-books,  copies 
of  the  election  laws  then  in  force,  a  pamphlet  of  instructions  for  election  officers 
and  voters,  blanks  for  the  official  oaths  and  for  election  returns  for  the  proper 
carrying  into  effect  of  the  provisions  of  this  act,  and  furnish  a  sufficient  supply 
of  the  same  to  the  clerks  of  the  different  counties  of  this  State,  for  use  in  such 
counties,  at  least  thirty  days  before  the  same  shall  be  required  for  use ;  and 
the  said  county  clerks  shall  cause  the  same  to  be  delivered  to  the  different 
boards  of  registry  and  election  in  their  respective  counties  at  such  times  and 
in  such  quantities  as  will  enable  the  provisions  of  this  act  to  be  fully  carried  out. 
Sections  61,   349  and  353- 

August  8th,  1914 — 

On  or  before  this  date  the  Secretary  of  State  shall  furnish  to  the  county  clerk 
of  each  county  having  one  or  more  municipalities  of  five  thousand  inhabitants, 
identification  statements  for  vise  in  the  registration  of  voters  on  election  day. 
Sections  349  and  355- 

August  15th,  1914 — 

On  or  before  this  date  the  State  Civil  Service  Commission  shall  hold  county 
examinations  for  position  as  member  of  the  boards  of  registry  and  election. 
Said  Commission  shall  give  five  days'  notice  to  applicants  of  the  time  and  place 
of   holding    such    examination.     Section    310. 

August  20th,  1914 — 

On  or  before  this  date  the  State  Civil  Service  Commission  shall  certify  results 
of  examinations  to  the  Judge  or  Judges  of  the  Court  of  Common  Pleas  of  such 
county.     Section  310. 

August  24th,  lgl4 — 

On  or  before  this  date  petitions  endorsing  candidates  for  Member  of  House 
of  Representatives  (in  districts  comprising  more  than  one  county)  shall  be  filed 
with  the  Secretary  of  State.     Section  343. 

August  25th,  1914 — 

On    or   before   this    date    the    county    board    of    election    shall    select    from    the 


eligible  list  certified  to  the  Judge  or  Judges  of  the  Court  of  Common   Pleas,  the 
members   of  the  board   of  registry   and   election.     Section    311. 

Augrust  27tii,  1914 — 

On  or  before  this  date  candidates  for  Member  of  the  House  of  Representatives 
to  be  voted  for  at  primary  election,  shall  designate  committee  to  receive  and 
disburse  campaign  funds.     Section  379. 

August  28th,  1914 — 

Petitions  for  nomination  for  Members  of  State  Senate  and  General  Assembly, 
and  County  offices,  under  the  provisions  of  the  direct  primary  act,  must  be 
filed  with  the  county  clerk  on  or  before  this  date.     Sections  290  and  442. 

On  or  before  this  date  petitions  endorsing  candidates  for  Member  of  House 
of  Representatives  (in  districts  wholly  within  single  county)  shall  be  filed  with 
county   clerk.     Section   343. 

On  or  before  this  date  the  Secretary  of  State  shall  certify  to  the  county  clerk 
the  names  of  candidates  for  Member  of  House  of  Representatives.     Section  343. 

September  Ist,  1914 

On  this  dale,  the  boards  of  registry  and  election  in  all  municipalities  shall 
meet  for  organization,  and  at  such  meeting  shall  elect  one  of  its  members  as 
judge,  who  shall  be  chairman  of  said  board,  and  another  of  its  members  as 
inspector.     Section   19. 

September  2nd,   1914 — 

*0n  or  before  this  date,  petitions  endorsing  the  candidates  to  be  voted  for 
at  the  primary  election  within  a  single  municipality,  and  for  Members  of  Board 
of  Chosen  Freeholders  to  be  voted  for  in  two  or  more  municipalities,  must  be 
filed  with  the  municipal  clerk.     Sections  243,  292,  300  and  347. 

On  or  before  this  date,  the  county  clerks  shall  certify  the  names  of  candidates 
for  county  offices  and  for  Members  of  House  of  Representatives  to  the  municipal 
clerks.     Sections  290,  345  and  425. 

On  or  before  this  date,  the  township  and  municipal  clerks  shall  have  procured 
suitable  rooms  in  which  to  make  the  registry  of  voters  and  to  hold  a  primary 
and  general  election,  and  immediately  on  procuring  rooms,  such  clerk  shall 
notify  the  respective  registry  and  poll  clerks  or  boards  of  registry  and  election 
of  the  location  of  such  rooms.     Section  230. 

*0n  or  before  this  date,  candidates  for  county  offices  and  Members  of  the 
House  of  Representatives  (in  districts  wholly  within  a  single  county)  to  be 
voted. for  at  primary  election,  shall  designate  committee  to  receive  and  disburse 
campaign    funds.     Section    379. 

Sept<smber  7th,  1914 — 

*0n  or  before  this  date,  candidates  to  be  voted  for  at  primary  election,  within 
a  single  municipality,  shall  designate  committee  to  receive  and  disburse  campaign 
funds.     Section  379. 

Vacancies  occurring  in  the  membership  of  the  committee  appointed  to  disburse 
campaign  funds  shall  be  filled  on  or  before  this  dzit.Section  379. 

On  or  before  this  date,  declinations  by  candidates  for  county  offices  must  be 
filed  with  the  municipal  clerk.     Section  258. 

Should  any  person  endorsed  in  any  petition,  as  a  candidate  to  be  voted  for 


at  any  primary  election,  die  or  decline  to  stand  as  such  candidate,  by  a  writing 
filed  with  the  municipal  or  township  clerk  on  or  before  this  date,  the  vacancy 
shall  be  filled  within  three  days  by  a  majority  of  the  persons  who  signed  the 
petition  in  and  by  which  the  person  so  declining  was  endorsed,  signing  and 
filing  with  the  municipal  or  township  clerk  a  new  petition,  which  petition  shall 
be  verified  by  three  of  the  signers.     Section   258. 

September  8th,  1914 — 

On  or  before  this  date,  the  municipal  clerks  shall  cause  notice  to  be  published, 
setting  forth  that  the  board  of  registry  and  election,  in  and  for  each  election 
district,  in  all  municipalities,  will  meet  for  the  purpose  of  making  a  registration 
of  voters,  and  that  a  primary  election  will  be  held  on  the  day  and  between  the 
hours  and  at  the  places  provided  in  this  act.     Section  7. 

On  or  before  this  date,  the  municipal  clerks  shall  have  delivered  ballot  books, 
primary  books  to  the  members  of  the  board  of  registry  and  election.  Section  333. 
The  first  registry  day  in  cities,  townships,  borough  and  villages  having  a  popu- 
lation exceeding  five  thousand,  shall  be  held  on  this  date.  Sections  21  and  333- 
In  municipalities  having  a  population  of  five  thousand  or  less,  the  board  of 
registry  and  election  shall  meet  and  make  the  registry  by  a  house  to  house 
canvass.  Sections  23  and  335.  If  the  ballot  book  of  any  district  has  been  lost 
or  destroyed,  the  members  shall  make  up  the  primary  registry  from  the  names 
on  the  primary  books  of  the  two  political  parties  of  the  last  previous  primary, 
together  with  the  names  of  the  voters  filed  with  them  by  affidavits.  Section  333. 
See  also  Section  7, 

September  10th,  1914 — 

Vacancies  among  candidates  at  primary  election  must  be  filled  on  or  before 
this   date.     Section    238. 


The  house  to  house  canvass  made  in  municipalities  of  5,000  and  less  shall  be 
completed  on  or  before  this  date.     Section-  23. 


September  11th,  191- 

On  this  date  the  county  board  of  election  shall  sit  for  the  purpose  of  revising 
and  correcting  the  primary  registry  list.     Section  336. 

September  12th,  1914— 

On  or  before  this  date,  affidavits  must  be  delivered  by  the  chairman  of  the 
board  of  elections  to  the  county  board  of  election.     Sections  32,  35  and  333. 

September  12th,  1914 — 

On  or  before  this  date,  the  poll  clerks  in  each  election  district  shall  give 
notice  of  the  time  and  place  of  the  primary  election  by  five  or  more  advertise- 
ments  posted   at   conspicuous   places   in   the   district.     Section   252. 

September  12th,   1914 — 

Registry  list  in  municipalities  of  five  thousand  or  less  open  for  inspection. 
Section   335. 


September  15th,  1914 — 

On  or  before  this  date,  the  municipal  clerk  shall  furnish  to  the  board  of  reg- 
istry and  election  a  sulTicient  number  of  ofiicial  sample  primary  ballots,  envelopes, 
etc.     Section   ^34. 

September  16th,  1914 — 

On  or  before  12  o'clock  of  this  date,  it  shall  be  the  duty  of  the  board  to 
prepare  and  deposit,  in  the  post-office,  stamped  envelopes  containing  a  copy  of 
the  primary  ballot,   etc.     Section   334. 

September  19th,  1914 

On  or  before  this  date,  the  clerks  of  all  towns,  townships,  boroughs,  cities 
or  other  municipalities  shall  certify,  under  their  hands  and  seals,  and  forward 
to  the  clerk  of  the  county  in  which  such  municipality  is  located,  a  statement 
designating  the  town,  township,  borough  or  city  or  other  municipal  offices  which 
are  to  be  filled  at  such  general  election,  and  the  number  of  persons  to  be  voted 
for  each   office.     Secfiov   286. 

September  21st,    1914 — 

On  this  date  the  municipal  clerk  shall  deliver  (at  his  office)  to  the  clerks  of 
the  board  of  registry  and   election  the  ballots  and   ballot  boxes.     Section  251. 


September  22nd,    19! 

PRIMARY  ELECTION— Polls  open  from  seven  A.  M.  to  nine  P.  M.  Section 
337- 

The  second  registry  day  in  all  municipalities  in  this  State  shall  be  held  on  this 
date.  Section  337.  Before  opening  the  polls  each  member  of  the  board  of 
registry  and  election  shall  take  an  official  oath.  Section  252.  The  appointed 
agents  to  act  as  challengers  before  so  acting  shall  file  their  appointment  papers 
with  the  board  of  registry  and  election.  Section  264.  Upon  opening  the  election, 
the  election  clerks  shall  deliver  to  the  election  boards  the  ballots  and  ballot 
boxes,   taking  a  receipt   therefor.     Section  251. 

September  23rcl,   1914 — 

On  this  date  the  clerks  of  the  board  of  registry  and  election  shall  post  cor- 
rected list  of  names  entered  on  registry,  in  some  conspicuous  place  in  said  district. 
Section   24. 

September  24th,   1914 

On  or  before  this  date,  the  State  Committee  shall  issue  a  call  for  State  con- 
vention.    Section   370. 

September  26th,  l9l4 — 

On  or  before  this  date,  claims  on  account  of  expenses  incurred  in  conducting 
primary  election  must  be  presented  to  the  committee  appointed  to  disburse 
campaign  funds,  and  be  paid  by  such  committee  within  fifteen  days  after  the 
completion   of   the   official   canvass.     Section   385. 


8 

September  27th,   1914 — 

On  or  before  this  date,  candidates  and  committees  appointed  to  receive  and 
disburse  funds,  must  file  a  statement,  under  oath,  showing  the  disbursement 
of  funds.     Sections  380  and  3S1. 


September  29th,  1914 — 

On  this  date  the  State  convention  of  each  party  shall  be  held  at  the  City  of 
Trenton.     Section  370. 

The  annual  meeting  of  each  county  committee  shall  be  held  on  this  date. 
Notice  to  be  given  by  the   respective   chairmen   thereof.     Section   371. 

Members  of  county  committee  take  office   on  this  date.     Section  371. 

October  2nd,   1914 — 

On  or  before  this  date,  any  person  nominated  as  a  candidate,  and  who  has 
not  filed  a  certificate  consenting  to  stand  as  a  candidate,  shall  file  certificate  of 
acceptance   with    the   county   clerk.     Section   301. 

Any  action  under  the  corrupt  practices  act  contesting  any  nomination  at 
primary  election  must  be  comm.enced  on  or  before  this  date.     Section  420. 

October  5th,  1914 — 

On  or  before  this  date,  all  certificates  and  petitions  naming  candidates  to  be 
voted  for  by  all  the  voters  of  a  single  county,  or  more  than  a  single  political 
division  thereof,  or  where  candidates  for  city  offices  are  to  be  voted  for  upon 
the  county  ticket,   shall  be  filed  with   the  county  clerk.     Section   42. 

The  above  section  has  no  relation  to  nominations  made  by  convention  or 
nominations   made  at  primary  election. 


October  3rd,  1914 — 

Within  these  dates  the  township  and  municipal  clerks  shall  post  notices  in 
at  least  five  of  the  most  public  places  in  each  township  and  municipality,  of 
the  time,  place  and  purpose  of  the  election  and  the  office  or  offices  to  be  filled 
thereat.     Section    7. 


October  7th,  1914 — 

Expenses  incurred  by  committees  appointed  to  receive  and  disburse  campaign 
funds,   for  primary   election,   shall  be   paid  on   or  before   this  date.     Section  385. 

October  9th,  1914 — 

On  or  before  this  date  all  certificates  and  petitions  naming  candidates  for 
office  to  be  filled  by  voters  of  the  entire  State,  or  of  any  Congressional  District, 
or  of  any  political  division  greater  than  a  single  county,  shall  be  filed  with  the 
Secretary    of    State.     Section    42. 

This  section  has  no  relation  to  nominations  made  by  convention  or  at  primary 
election, 

*0n  or  before  this  date,  candidates  to  be  voted  for  by  the  voters  of  a  single, 
or  more  than  a  single  political  division,  shall  designate  committee  to  receive 
and   disburse    campaign    funds.     Section    37^. 


October   19th,    1914— 

On  or  before  this  date,  the  Secretary  of  State  shall  certify  to  county  clerks 
the  names  of  candidates  nominated  by  certificates  or  petitions  filed  in  his  office. 
Section   43- 

October   19th,    1914— 

On  or  before  this  date,  vacancies  occurring  by  death,  removal,  resignation 
or  otherwise,  the  candidates  for  which  are  to  be  nominated  by  petition  and 
voted  upon  at  primary  election,  which  vacancy  shall  occur  prior  to  the  general 
election,  but  subsequent  to  the  last  day  for  filing  the  appropriate  petition,  the 
proper  committee  shall  select  candidates  to  fill  said  vacancy.     Section  S05- 

Vacancies  occurring  in  the  mem.bership  of  the  committee  appointed  to  receive 
and  disburse  campaign  funds,  for  general  election,  shall  be  filled  on  or  before 
this  date.     Section   370. 

October  20th,  1914 — 

On  or  before  this  date,  the  chairman  of  the  county  committee  may  petition 
the  Court  of  Common  Pleas  for  the  purpose  of  transporting  voters  from  resi- 
dence to  polling  place.     Section  391. 

October  20th,  1914 — 

In  cities,  towns,  townships,  boroughs  and  villages  exceeding  five  thousand 
inhabitants,  the  third  m.eeting  of  the  boards  of  registry  and  election  shall  be 
held  on  this  date.     Sections  22  and  348. 

October  20th,  1914— 

On  or  before  this  date,  in  municipalities  of  over  five  thousand,  affidavits 
of  voters  who  by  reason  of  illness  or  absence  from  the  State  are  unable  to 
register  personally,  must  be  filed  with  the  board  of  registry  and  election. 
Section   349. 

On  this  date  a  copy  of  the  completed  register  made  by  each  board  of  registry 
and  election,  in  municipalities  exceeding  five  thousand  inhabitant?,  shall  be 
delivered  by  the  chairman  of  the  board  of  registry  and  election  to  the  county 
clerk.     Section    3^:0. 

October  21st,  1914 — 

On  or  before  this  date,  candidates  for  public  office  shall  file  declinations  with 
the  officer  with  whom  original  certificates  or  petitions  of  nomination  have  been 
filed.     Sections   44   end   45. 

October  24th,   1914 — 

On  or  before  this  date,  the  county  clerk  shall  furnish  the  municipal  cletks 
a  sufficient  nimiber  of  sample  ballots  and  one-cent  stamped  envelopes. .  .S'^cf ton 
364. 

October  27th,   1914— 

On  or  before  this  date,  the  municipal  clerk  shall  deliver  said  ballots  and  en- 
velopes to  the  members  of  the  board  of  registry  and  election.     Section  364- 
On   this   date  boards   of  registry  and   election,   outside   of  cities,   towns,   town- 


10 

ships,  boroughs  and  villages,  exceeding  five  thousand  inhabitants,  have  their 
final  meeting,  from  i  to  9  o'clock  P.  M.,  for  the  revision  and  correction  of 
registers.     Section   24. 

October  28th,  1914 — 

On  this  date  a  copy  of' the  completed  register  made  by  each  board  of  reg- 
istry and  election,  in  municipalities  of  five  thousand  or  less,  shall  be  delivered 
by  the  chairman  of  the  board  of  registry  and  election  to  the  county  board  of 
elections.     Section  24. 

October  28th,  1914 —   ' 

On  or  before  12  o'clock  of  this  day.  the  members  of  the  board  of  registry 
and  election  shall  deposit  envelopes  containing  sample  ballots  in  the  post  office. 
Section   364. 


October  29th,  1914— 

On  or  before  this  date,  the  clerk  designated  by  chairman  of  board  of  reg- 
istry and  election  (niunicipalities  of  5,000  and  less)  shall  file  copy  of  additional 
list  of  names,  added  to  register  on  October  27,  1914,  with  municipal  clerks. 
Section  24. 

October  29th,   1914 — 

On  this  date  the  judges  of  the  board  of  registry  and  election,  in  municipalities 
of  five  thousand  inhabitants  or  less,  shall  deliver  to  the  county  boards  of  election 
all  affidavits  made  before  them  on  the  registering  of  voters,  and  take  a  receipt 
from  the  county  board  for  the  same.     Sections  32  and  33. 

October  29th,  1914 — 

On  or  before  this  date,  all  official  ballots  shall  be  printed  and  in  the  possession 
of  the  county  or  municipal  clerk,  v^here  the  same  shall  be  subject  to  inspection 
and  examination  by  candidates  and  their  agents.     Section  33. 

On  or  before  this  date-  all  papers  appointing  agents  or  challengers  shall  be 
filed  with  the  county  board  of  elections,  who  shall  thereupon  issue  to  such  agents 
or  challengers  the   permits  prescribed   by  law.     Section   63. 

October  29th  and  October  Slst,   1914 — 

On  these  dates  the  county  board  of  elections  shall  sit,  at  their  office,  from 
8  o'clock  A.  M.  imtil  5  o'clock  P.  M.,  for  the  purpose  of  adding  names  to  and 
erasing  names  from  the  register  of  voters.     Sections  23  and  30. 

October  29th,  1914 — 

County  clerks  to  certify  to  Secretary  of  State  names  and  addresses  of  nominees 
for   Legislature.     Section   42. 

October  Slst,  1914 — 

On  or  before  this  date,  county  clerks  shall  provide  ballots  for  municipal  clerks, 
etc.     Section  54. 


II 

November  2nd,   1914 

On  this  date  the  county  board  of  elections  shall  deliver  to  the  county  clerk, 
at  or  before  8  o'clock  in  the  forenoon,  all  the  copies  of  the  registers  which  were 
in  their  possession  on  the  Saturday  next  preceding  said  general  election.  Sec- 
tion  28  T. 

On  or  before  this  date,  the  township  or  municipal  clerks  shall  have  fitted  up 
the  election  rooms  with  booths,   etc.     Section  78. 

On  this  date  the  county  board  of  elections  may  meet  to  fill  any  vacancies 
existing  in  any  of  the  boards  of  registry  and  election.     Section    19. 

On  this  date  it  shall  be  the  duty  of  the  justices  of  the  Supreme  Court, 
assigned  to  hold  the  Circuit  Court,  and  the  judge  of  the  Court  of  Common 
Pleas  in  each  of  the  several  counties  of  this  State,  or  one  of  said  judges,  to 
sit  and  hold  a  court  of  common  pleas  at  the  court  house  in  their  respective 
counties  to  revise  and  correct  the  registry  of  election.     Section  279. 

On  this  date  the  municipal  clerk  shall  deliver,  at  his  office,  ballot  boxes,  ballots, 
&c.,    received    from   county    clerk.     Section   54. 

November  3rd,   1914 — (Election  Day)  — 

On  this  date  it  shall  be  the  duty  of  the  justice  of  the  Supreme  Court,  assigned 
to  hold  the  Circuit  Court,  and  the  judge  of  the  Court  of  Common  Pleas  in  each 
of  the  several  counties  of  this  State,  or  one  of  said  judges,  to  sit  and  hold  a 
court  of  common  pleas  at  the  court  house  in  their  respective  counties  to  inquire 
into  the  legality  of  persons  registered.     Section  280. 

Polls  open  from  6  o'clock  A.  M.  to  7  o'clock  P.  M.  Section  4.  Ballots  shall 
be  delivered  by  the  clerks  of  election  to  the  board  of  registry  and  election. 
Section  54.  Agents  or  challengers  shall  file  their  permits  with  the  board  of 
registry  and  election.  Section  63.  Tlie  board  shall  supply  each  booth  with  black 
lead  pencils.  Section  70.  After  the  polls  are  closed  and  the  canvass  of  votes 
completed  all  ballots  which  have  been  cast,  whether  estimated  and  canvassed 
or  rejected,  and  the  poll-list  (in  municipalities  of  less  than  five  thousand  inhab- 
itants) and  tally  papers  shall  be  placed  in  the  ballot-box,  which  shall  be  locked 
and  sealed  and  delivered  to  the   proper  custodian   thereof.     Section  99. 

November  4th,   1914 — 

On  this  date  the  checked  register  used  at  the  general  election  shall  be  filed 
with  the  county  clerk  and  the  ballot-box  keys  deposited  with  said  county  clerk. 
Section   67. 

November  7  th,  1914 — 

Persons  furnishing  transportation  to  voters  shall  file  with  the  Court  of  Common 
Pleas  a  voucher  setting  forth  the  number  of  voters  transported,  etc.     Section  392. 

November  9th,  1914 — 

The  county  board  of  elections  will  meet  on  this  date,  at  12  o'clock  noon,  at 
the  court  house  of  the  county,  to  discharge  their  duties  as  a  county  board  of 
canvassers.     Sections  103  and  117. 

November    13th,    1914 — 

Claims  for  expenses  incurred  in  the  conducting  of  the  general  election  must 
be  presented  on  or  before  this  date.     Section   385. 

Applications   for   recount   shall  be   made  on  or  before  this  date.     Section   159, 


12 

November  14th,   1914 — 

On  or  before  this  date,  the  county  clerks  shall  deliver  certified  copies  of  the 
determination  of  the  county  canvassers  to  the  persons  elected.  They  shall  also 
transmit   a   copy  of  said  determination  to   the   Secretary   of   State.     Section    114. 

November  18th,  1914 — 

Expenses  incurred  by  comniittee  appointed  to  receive  and  disburse  campaign 
funds,   for  general   election,   shall  be    paid   on   or  before   this   date.     Section   385. 


November  23rd,    1914 — 

On  or  before  this  date,  the  treasurer  of  the  committee  appointed^  to  receive 
campaign  contributions  shall  file  an  itemized  statemen^^  with  the  officer  with 
whom  the  original  petition  has  been  filed.     Section   380. 

November  24lh,  1914 — 

On  this  date,  at  2  o'clock  P.  M.,  the  State  Canvassers  shall  meet  at  Trenton, 
N.  T..  for  the  purpose  of  canvassing  the  votes  given  for  Members  of  the  House 
of  Representative?:  and  of  determininj^  and  declaring  the  person  elected  to  the 
said   office. 

December  3rd,  1914 — 

Any  action,  under  the  corrupt  practices  act.  contesting  any  election,  must 
be  commenced  on  or  before  this  date.     Section  420. 


*The   corrupt   practices    act    provides    that    all    designations    of    camjiaign    com 
mittees  shall  be  filed  within  five  days  after  the  filing  of  petitions  of  nomination. 
The  dates  given   in  this   index   are  the  last  possible  dates  for  filing  such  desig- 
nations when   candidates  filed  their  original   petitions   of  nomination   on   the   last 
day  permitted  by   law. 


An  Act  to  Regulate  Elections. 


Revision  of  1898. 


Approved  April  4th,  1898. 


Be  it  enacted  hy  the  Senate  and  General  Assembly  of 
the  State  of  Neiv  Jersey: 

Times  and  Places  of  Elections. 


1.  On  the  Tuesday  next  after  the  first  Monday  in  No- 
vember in  each  year,  an  election  shall  be  held  in  each 
county,  to  elect  for  such  county  such  a  number  of  per- 
sons to  be  members' of  the  general  assembly  as  such 
county  shall  be  entitled  to  elect;  which  election  shall  be 
known  as  the  general  election. 

2.  All  municipal,  local  or  charter  elections  shall  continue 
to  be  held -on  the  days  heretofore  fixed  or  established  by, 
or  pursuant  to,  any  law  of  this  state  applicable  thereto. 

3.  On  the  Tuesday  next  after  the  first  Monday  in  No- 
vember, in  the  year  of  our  Lord  one  thousand  nine  hun- 
dred, and  in  each  fourth  year  thereafter,  an  election  shall 
be  held  to  elect  such  a  number  of  persons  to  be  electors 
cf  president  and  vice-president  of  the  United  States  as 
this  state  shall  be  entitled  to  elect  or  appoint;  each  of 
v/hom  shall  be  a  male  citizen  of  the  United  States,  of  the 
age  of  twenty-five  years  or  upwards,  and  an  inhabitant 
cf  this  state,  and  shall  have  been  a  citizen  of  the  United 
States  seven  years  next  preceding  such  election. 

4.  In  all  elections  the  polls  shall  open  at  six  o'clock  in 
the  morning  and  close  at  seven  o'clock  in  the  evening,  and 
shall  be  kept  open  during  the  whole  day  of  election,  be- 

(13) 


Date    of 

general 

election. 


Assembly  mfen 
elected. 


Dates  of  local 
elections. 


Election  of 
presidential 
electors. 


Their 
qualifications. 


Time  of 
opening   and 
closing    polls. 


14 


Notice    by 
secretary    of 
state   of 
election    of 
certain 
officers. 


Notice   by 
county    clerk. 


KitJctlon    of 
sheriff   and 
other   county 
officers. 


Notice    by 
county    clerk. 


Notice    of 
election  by 
municipal 
clerk. 


tween  the  hours  aforesaid ;  provided,  the  board  of  election 
may  adjourn  such  election  from  one  o'clock  until  two 
o'clock  in  the  afternoon,  or  for  such  shorter  time,  between 
those  hours,  as  they  shall  see  fit. 

5.  The  secretary  of  state  shall,  between  the  first  day  of 
August  and  the  first  day  of  September,  in  every  year 
wherein  electors  of  president  and  vice-president  of  the 
United  States,  members  of  the  house  of  representatives, 
a  governor  or  senator  for  any  county,  or  any  of  them,  are 
t'  be  elected,  direct  and  cause  to  be  delivered  to  the  clerk 
of  the  county,  wherein  any  such  election  is  to  be  held,  a 
notice  stating  that  such  officer  or  officers  are  to  be  elected 
at  the  ensuing  election ;  and  the  clerk  of  such  county  shall, 
within  fifteen  days  after  the  receipt  of  the  said  notice^ 
cause  a  copy  of  the  same,  certified  under  his  hand  to  be 
true  and  correct,  to  be  delivered  to  the  clerk  of  each  town- 
ship, city  or  other  municipality  in  said  county. 

6.  The  sheriffs  and  coroners  shall,  be  elected  by  the 
people  of  their  respective  counties  at  the  general  election 
once  in  every  three  years;  and  the  clerks,  registers  of 
deeds  and  .surrogates  of  counties  shall  be  elected  by  the 
people  of  their  respective  counties,  at  the  general  election, 
once  in  every  five  years;  and  it  shall  be  the  duty  of  the 
clerk  of  every  county,  between  the  first  day  of  August 
and  the  first  day  of  September,  immediately  preceding  the 
expiration  of  the  term  of  office  of  any  such  officer,  to 
direct  and  cause  to  be  delivered  to  the  clerk  of  each  town- 
ship, city  or  other  municipality  in  said  county,  a  notice 
that  such  officer  or  officers,  as  the  case  may  be,  will  be 
chosen  at  the  ensuing  election. 

7.  The  clerk  of  every  township,  city,  or  other  munici- 
pality, shall,  at  least  eight  days  prior  to  and  within  thirty 
days  next  preceding  the  day  of  election,  put  up,  or  cause 
to  be  put  up,  an  advertisement  in  at  least  five  of  the  most 
public  places  within  such  township,  city  or  other  munici- 
pality, which  advertisements  shall  make  known  the  time, 
place  and  purpose  of  holding  such  election,  and  any  elec- 
tion consolidated  therewith,  and  the  office  or  offices  to  be 
filled  thereat,  and  shall  be  signed  by  such  clerk ;  and  shall, 


15 


a.',  least  two  weeks  preceding  the  primary  election,  herein- 
after provided  for,  cause  a  notice  to  be  published  in  not 
more  than  two  of  the  newspapers  of  the  county  wherein 
such  municipality  is  situate,  as  said  clerk  shall  select,  set- 
t:ng  forth  that  the  boards  of  registry  and  election  in  and 
for  each  election  district  in  such  municipality  will  meet 
for  the  purpose  of  making  a  registration  of  voters  on  the 
days  and  between  the  hours  hereinafter  designated  for 
that  purpose;  and  that  a  primary  election  *  *  *  for 
making  nominations,  'i'  *  *  y^[\\  5^  \^q\^  q^  the  day 
and  between  the  hours  and  at  the  places  as  provided  in 
this  act;  and  making  known  the  time,  place  and  purpose 
ot  holding  such  general  election,  and  any  election  consoli- 
dated therewith,  and  the  office  or  offices  to  be  filled;  said 
notice  shall  be  published  in  such  newspaper  "or  newspa- 
pers as  will  afford  the  widest  possible  information  to  all 
voters,  and  shall  be  continued  in  such  newspaper  or  news- 
papers at  least  once,  and  not  more  than  twice,  in  each 
w^eek,  up  to  and  including  the  day  before  such  election 
day ;  provided,  that  if  there  be  a  newspaper  printed  and 
published  in  such  municipality,  said  newspaper  shall  be 
one  of  the  newspapers  so  selected  by  the  municipal  clerk; 
in  cities  having  more  than  five  thousand  population,  gaid 
notice  shall  include,  in  the  newspaper  or  newspapers  se- 
lected, a  short  description  of  the  boundary  lines  of  each 
election  district  therein,  and  the  place  of  meeting  of  the 
board  of  registry  and  election;  provided,  that  the  part  of 
said  notice  relating  to  the  primary  election  and  the  re- 
spective meetings  for  registration  of  the  boards  of  registry 
and  election  shall  be  omitted  after  the  holding  of  the  same. 
8.  The  clerk  of  every  township,  city  or  other  munici- 
pality shall,  prior  to  the  date  of  the  first  meeting  of  the 
board  of  registry  and  election,  procure  for  each  election 
district  in  his  township,  city  or  municipality,  a  suitable 
room  in  which  said  board  shall  meet  to  make  and  revise 
the  register  of  voters,  and  also  to  hold  the  election;  and 
said  clerk  shall  immediately  notify  said  board  of  the  loca- 
tion of  such  room ;  and  if  any  such  clerk  shall  omit  to 
prociire  such  room,  then  the  meetings  of  such  board  and 


Notice    of 
primary 
election    and 
resgisti-ation. 


Amended 
P.    L.    1910, 

p.    473. 
Supplemented 
P.   li.   1912. 

Chapter   416. 


Proviso. 


Supplemented 
by    P.    L. 
1911,    294, 
p.  295, 
sec.    30. 


Proviso, 


Suitable 
room    in 
which    to 
hold    elec- 
tion. 

[Amended, 
P.    L.    1908, 
p.    396.] 


i6 


street 
booth. 


Proviso. 


such  election  shall  be  held  at  such  place  as  a  majority  of 
such  board  shall  designate;  if,  in  the  judgment  of  said 
clerk,  it  shall  be  inadvisable  to  hold  the  election  in  the 
place  designated  for  holding  the  meeting  of  the1)oard  of 
registry,  then  it  shall  be  lawful  for  such  clerk  to  designate 
another  place  for  holding  such  election,  or  to  cause  a 
I'uilding  to  be  constructed  in  the  street  outside  the  curb 
Hue  immediately  in  front  of,  or  as  near  as  possible  to,  the 
place  of  meeting  of  such  registry  board,  in  which  to  hold 
such  election;  provided,  no  election  shall  be  held  in  any 
building  in  which  is  located  or  maintained  any  inn  or 
tavern  or  saloon  where  intoxicating  liquors  are  licensed 
to  be  sold. 


Election  Districts. 

9.  Supplemented  by   P.   L.    191 1,  p.   276,   sec.    i.     See 
paragraph  306,  post. 

10.  Supplemented  by  P.  L.   191 1,  p.  276,  sec.  i,  306  post. 

11.  Supplemented  by  P.  L.    1911,  p.  277,  sec.  2,  307  post. 

12.  Supplemented  by  P.  L.    1911,  p.  277,  sec.  2,  307  post. 

County  Boards  of  Election. 


County 
boards  of 
election  ; 
how    com- 
posed. 
[Amended, 
P.    L.    1905, 
p.    502.] 


Proviso. 


13.  There  shall  be  in  every  county  a  county  board  of 
elections,  to  consist  of  four  persons,  to  be  commissioned 
by  the  governor  in  the  month  of  July  in  each  year,  and 
who  shall  be  legal  voters  within  the  counties  for  which 
they  are  respectively  appointed ;  the  chairman  of  the  state 
c(^mmittee  of  each  of  the  two  political  parties  which  at  the 
last  preceding  general  election  cast  the  largest  and  next 
largest  number  of  votes  in  the  state  for  members  of  the 
general  assembly  may,  in  the  month  of  June,  in  writing, 
i:ominate  two  citizens  from  each  county,  qualified  as  afore- 
said, for  members  of  the  county  board  of  elections  in  and 
for  such  county;  and  if  such  nominations  be  made  in  said 
month  of  June,  the  governor  shall  commission  such  ap- 
pointees ;  provided,  that  two  of  such  members  shall  be 
appointed  for  the  term  of  one  year  from  the  first  day  of 


August  next,  and  the  remaining  members  shall  be  ap- 
].ointed  for  the  term  of  two  years  from  the  first  day  of 
August  next:  and  thereafter  one  member  of  such  board  ^^.^^ai   ap- 

.  ...       pomtment 

shall  be  appointed  annually  by  each  of  said  chairmen,  in 
the  same  manner,  in  the  month  of  July,  and  shall  continue 
in  office  for  two  years  from  the  first  day  of  August  next 
after  their  appointment;  in  case  of  the  death  or  disability  Vacancies, 
of  any  member  of  said  boards,  the  governor  shall  be  forth- 
with notified  thereof  by  the  chairman  or  secretary  of  said 
board;  the  governor  shall  cause  notice  of  such  death  or 
disability  to  be  given  to  the  chairman  of  the  state  com- 
mittee who  appointed  such  member;  and  such  chairman 
shall,  within  six  days  thereafter,  appoint  a  successor,  who 
shall  thereupon  be  commissioned  by  the  governor;  all  ap- 
pointments to  fill  any  vacancies  occurring  in  said  boards 
shall  be   for  the  unexpired  term  only;   if,   in  any  case,   if  chairmen 
Cither  of  said  chairmen  shall  fail  to  send  a  list  of  appoint-   point,  then 
ments   to   the   governor   within   the   time   aforesaid,   the  so^emor. 
governor  shall  make  such  appointments  of  his  own  selec- 
tion from  the  citizens  of  the  county  in  which  such  vacancy 
shall  occur;  said  county  boards  of  election  shall  be  pro-   suitable 
\  ided  bv  the  board  of  freeholders  of  the  respective  coun-   quarters 

^  provided. 

ties  with  a  suitable  office  and  furniture,  in  the  court  house 

of  the  county  for  which  they  are  respectively  appointed. 

cr  in  a  building  as  near  as  possible  adjacent  thereto;  the 

terms  of  all  members  of  the  county  boards  of  elections,  as 

now  constituted,  shall  cease  and  determine  on  the  first 

day  of  August  next. 

14.  Said  county  boards  of  election  shall,  at  ten  o'clock   Organization 

in  the  forenoon,  on  the  first  Tuesday  in  August,  or  on  such   boards  of 

other  day  as  they  may  agree  on  within  the  first  ten  days   f^mended 

of  Ausfust,  in  each  vear,  meet  at  the  court  house,  or  other   P-  •  l.   1905, 

'  .       .  .  .  .p.  503.] 

place  provided  as  aforesaid,  in  their  respective  counties 

and  organize  by  electing  one  of  their  number  to  be  chair- 
man and  one  to  be  secretary ;  but  the  chairman  and  secre- 
tary shall  not  be  the  appointees  of  the  same  chairman ;  in 
case  of  a  failure  to  elect  such  chairman  for  three  ballots 
or  viva  voce  votes,  then  the  oldest  (in  years)  of  such 
board  shall  be  the  chairman  thereof;  and  on  failure  to 


i8 


elect  such  secretary  for  three  ballots  or  viva  voce  votes, 
the  member  of  the  board  next  oldest  (in  years)  to  the 
chairman  of  such  board;  the  chairman  and  secretary  shall 
not  be  the  appointees  of  the  same  chairman. 

District  Boards  of  Registry  and  Election. 


Boards  of 
registry   and 
election  ; 
their    ap- 
pointment. 


Official   oath 
of    members 
of    county 
and  district 
boards. 


[Amended, 
P.    L.    1899, 
p.    165.] 


Term  of 
board  of 
registry    and 
election. 
Proviso. 


15.  The  county  board  of  election  in  each  county  shall 
cause  to  be  made  a  complete  registry  of  all  the  legal  voters 
in  their  respective  counties,  and  for  that  purpose  shall 
appoint  for  each  election  district  in  the  county  four  persons, 
legal  voters  and  residents  of  such  districts,  to  be  the  board 
cf  registry  and  election  for  such  district;  h<  *  *  g^p- 
plemented  by  P.  L.  191 1,  p.  277,  etc. 

See  paragraph  308',  post. 

16.  The  members  of  said  county  boards  of  election  and 
also  the  members  of  said  district  boards  of  registry  and 
election  shall,  before  entering  upon  the  performance  of 
their  duties,  severally  take  and  subscribe  an  oath  or  affir- 
mation, in  writing,  before  a  duly  qualified  officer,  faith- 
fully and  impartially  to  discharge  all  their  duties  as  such 
officers,  to  the  best  of  their  skill  and  ability;  which  oaths 
or  affirmations  shall  be  forthwith  forwarded  to  the  county 
clerk,  and  by  him  filed  in  his  office,  and  after  qualification 
as  aforesaid,  any  member  of  either  of  said  boards  may,  at 
any  meeting  thereof,  administer  any  oath  or  affirmation 
required  or  permitted  to  be  taken  by  this  act. 

17.  The  terms  of  office  of  the  members  of  the  district 
boards  of  registry  and  election  shall  begin  on  September 
first;  provided,  hozvever,  that  in  case  of  a  vacancy  occur- 
ring in  said  board  on  the  day  of  election,  by  reason  of  the 
absence  or  disability  of  a  member,  except  in  case  of  re- 
moval by  order  of  the  county  board  of  elections,  such 
vacancy  shall  be  immediately  filled  by  the  member  of  the 
district  board  who  was  nominated  by  the  same  chairman 
as  the  member  whose  place  has  become  vacant;  such  ap- 
pointment shall  be  immediately  reported  to  the  county 
board  of  elections. 


19 


i8.  The  district  boards  of  registry  and  election  shall 
severally  meet  within  the  district  for  which  they  are  ap- 
pointed, at  such  place  as  shall  be  designated  by  the  clerk 
of  the  municipality,  on  the  days  hereinafter  designated, 
tor  the  purpose  of  making  a  registration  of  voters. 

19.  Each  of  said  boards  shall,  on  the  seventh  day  next 
preceding  the  first  day  of  registration,  meet  together  and 
organize,  and  at  such  meeting  shall  elect  one  of  its  mem- 
bers as  judge,  who  shall  be  chairman  of  said  board,  and 
another  of  its  members  as  inspector;  such  judge  and  in- 
spector shall  be  the  nominees  of  different  chairmen,  and 
the  other  two  members  of  the  board  shall  be  clerks  of 
ejection,  and  shall  perform  all  the  duties  required  by  law 
of  the  clerks  of  registry  and  election;  in  case  of  failure 
to  elect  a  judge  as  herein  provided,  after  balloting  or  vot- 
ing three  times,  the  member  of  the  board  oldest  in  years 
shall  become  judge,  and  in  case  of  failure  to  elect  an  in- 
spector, after  balloting  or  voting  three  times,  the  next 
oldest  member  of  the  board  in  years  shall  become  the  in- 
spector; provided,  that  both  chairman  and  inspector  shall 
not  be  nominees  of  the  same  chairman. 

20.  Amended  by  Act  of  1910,  amending  sec.  7. 


Meetings    of 
district 
boards, 
where  held. 


Organization 
of    district 
boards. 


[Amended. 
P.    L.    1905, 
p.    506.1 


Proviso. 


Registration  for  the  General  Election  in  Municipalities 
of  Over  Five  Thousand  Population. 


21.  The  district  boards  of  registry  and  election  in  all 
districts  in  municipalities  having  by  the  next  last  preced- 
ing census  a  population  exceeding  five  thousand,  shall 
meet  annually  on  the  second  Tuesday  in  September,  at 
one  o'clock  in  the  afternoon,  and  continue  in  session  until 
nine  o'clock  in  the  evening,  for  the  purpose  of  registering 
the  names  of  all  legal  voters,  residents  of  the  election  dis- 
trict for  which  they  are  appointed;  *  *  *  supple- 
mented by  P.  L.  191 1,  p.  291,  etc.  Paragraph  333,  post 

22.  The  said  district  boards  of  registry  and  election  in 
the  aforesaid  municipality  shall  again  meet  in  the  same 
place  and  at  the  same  hour,  finally  on  Tuesday  two  weeks 
next  preceding  the  general  election,  for  the  purpose  of  re- 


S'upplemented 
by  P.  L. 
1911,   p.   295, 
sec.  30. 
First 

meeting   for 
registration 
for  general 
election    in 
cities   having 
over   5,000 
inhabitants. 
Supplemented 
by  P.   L. 
1911,    p.   295. 


Third    meet- 
ing of 
board  of 
registry. 


20 

vising  and  correcting  the  register,  and  of  adding  thereto 
the  names  of  all  persons  entitled  to  the  right  of  suffrage 
in  that  election  district  at  the  next  election,  who  shall  ap- 
pear in  person  before  them  and  establish  to  the  satisfaction 
of  the  majority  of  the  board  that  they  are  entitled  to  vote 
in  that  election  district  at  the  next  election  therein.  The 
district  board  of  registry  and  election  shall  erase  from  such 
register  the  name  of  any  person  or  persons,  who  after  a 
fair  opportunity  to  be  heard  shall  be  shown  by  due  proof 
not  to  be  entitled  to  vote  in  such  election  district. 

Supplemental  by  P.  L.  191 1,  p.  291,  etc.,  paragraphs  337, 
S4S  post. 

Supplemented  Registration  for  the  General  Election  in  Districts 
1911, '  p.  '295,  Outside   of   Municipalities   of   Over   Five 

^^"^^  ^^-  Thousand  Population. 

Registration         23.  The  boards  of  registry  and  election  in  all  election 

yy      canvass-      ,  •        •  .         ,  •  1  r  •    •  ^    t,-        ^ 

ing  in  mu-  Gistricts  m  the  State,  outside  of  municipaiities  having  a 
under^^s  000  population  exceeding  five  thousand,  shall  meet  annually  on 
[Supple-  the  second  Tuesday  of  September  in  each  year,  at  ten 

p.   L.   1911,     o'clock  in  the  forenoon,  and  having  first  organized  shall 
For  ^meaning    pi'occed  to  ascertain,  and  truly  and  accurately  enter  in  can- 
of  italics  see  vassing-books,  to  be  provided  for  that  purpose,  the  names 
.  and  residences  and  street  numbers,  if  any,  of  all  legal 
voters   residing  within   their   respective   election   districts 
entitled  to  vote  therein  at  the  next  election  by  making 
actual  inquiry  at  every  dwelling-house  or  habitation,  or  of 
the  head  of  every  family  residing  therein,  and  shall  con- 
tinue such  enumeration  of  voters  from  day  to  day  there- 
after, on  successive  days,  until  the  same  be  completed ; 
Proviso.  provided,  that  such  enumeration  shall  terminate  on  or  be- 

fore the  Friday  next  succeeding;  the  name  of  every  such 
voter,  as  aforesaid,  whose  place  of  abode  shall  be  in  any 
family  or  habitation,  or  who  may  be  casually  or  tempor- 
arily absent  therefrom  when  such  enumeration  is  made, 
shall  be  entered  in  said  canvassing-books ;  in  making  such 
Board  may  enumeration  the  said  boards  of  registry  and  election  may 
canl^a^sin         divide  their  election  districts  into  subdivisions,  and  any 


21 


Register 
made   from 


two  of  their  number,  designated  by  the  chairman  and 
ii.spector,  together  and  in  company,  may  make  the  enu- 
meration in  such  subdivisions;  no  name  shall  be  entered 
on  such  canvassing-books  without  the  concurrence  of  both 
of  said  members,  or  if  said  enumeration  be  made  by  the 
entire  board,  without  the  concurrence  of  a  majority  there- 
of;  on  the  fourth  Tuesday  of  September  next  preceding 
the  general  election  said  boards  shall  meet  at  the  places 
provided  in  this  act  for  holding  the  primary  election  in 
their  respective  election  districts  at  seven  o'clock  in  the 
forenoon,  and  continue  in  session  until  nine  o'clock  in  the 
evening,  at  which  time  and  places  said  boards  shall  hold 
the  primary  elections  as  provided  in  this  act  and  shall  also 
proceed  to  transcribe  and  make  up  from  said  canvassing- 
books  two  lists  or  registers  of  the  names  arranged  in  booksf''^"^ 
alphabetical  order,  together  with  the  residences  and  street 
numbers,  if  any,  of  all  persons  in  their  respective  election 
districts  entitled  to  the  right  of  suffrage  therein  at  the 
next  election,  or  who  shall  personally  appear  before  them 
for  that  purpose,  or  who  shall  be  shown  to  the  satisfac- 
tion of  such  board  of  registry  and  election  by  the  affidavit 
ii:  writing  of  some  voter  in  that  election  district  to  be  a 
k.'gal  voter  therein.  (See  P.  L.  191 1,  p.  294,  sees.  30,  31, 
32.)     Paragraphs  335,  336,  337,  post 

24.  When,  on  the  day  of  their  meeting:,  as  provided  in   ^'^o  copies 

I  1-  •  ,1  ,      r  ■  ,1  ^^   registers 

the  next  precedmg  section,  the  board  of  registry  and  elec-  to  be  posted, 
tion  shall  have  completed  said  two  registers,  they  shall 
certify  on  each  of  them  and  announce  publicly  the  number 
of  names  entered  thereon;  on  the  day  succeeding  such 
meeting  a  correct  list  of  the  names  entered  on  said  regis- 
ters, with  residences  and  street  numbers,  if  any,  shall  be 
posted  by  each  of  said  clerks,  in  hand-bill  form,  in  some 
conspicuous  public  place  within  such  election  district ;  both 
of  said  lists  shall  be  certified  by  the  board  of  registry  and 
election,  or  a  majority  thereof,  to  be  correct  copies  of  the 
original  registers;  the  said  board  of  registry  and  election 
shall  also  meet  on  Tuesday  next  preceding  the  general  elec- 
tion at  the  place  of  their  former  meeting,  at  the  hour  of 
one  o'clock  in  the  afternoon,  and  remain  in  session  until 


Third 
meeting. 


22 


Najues 
erased  from 
register. 


Proviso. 


Additional 
iopy   filed 
with    munic- 
ipal   clerk. 


Disposition 
'if   the  two 
original 
regiMers. 


nine  o'clock  in  the  evening,  for  the  purpose  of  revising 
and  correcting  the  original  registers,  of  adding  thereto  the 
names  of  all  persons  entitled  to  the  right  of  suffrage  in 
that  election  district  at  the  next  election,  who  shall  appear 
in  person  before  them  or  shall  be  shown  by  the  written 
affidavit  of  some  voter  in  such  election  district  to  be  a 
legal  voter  therein,  and  of  erasing  therefrom  the  name  of 
any  person,  who,  after  a  fair  opportunity  to  be  heard, 
shall  be  shown  not  to  be  entitled  to  vote  therein ;  provided, 
that  no  name  shall  be  entered  on  said  registers  or  either  of 
them  from  said  canvassing  books,  or  stricken  therefrom, 
without  the  concurrence  of  a  majority  of  all  the  members 
of  said  boards  of  registry  and  election;  upon  the  comple- 
tion of  said  registers  the  said  board  of  registry  and  elec- 
tion shall  publicly  announce  and  certify  on  each  register 
the  number  of  names  entered  thereon,  and  one  of  said 
clerks,  to  be  designated  by  the  chairman  of  said  board  of 
registry  and  election,  shall  prepare  an  additional  copy  of 
the  names,  residences  and  street  numbers,  if  any,  on  such 
completed  register,  which  additional  copy,  after  being 
certified  as  aforesaid,  shall  be  by  said  clerk,  within  two 
days  after  said  last-mentioned  Tuesday,  filed  with  the 
clerk  of  the  township,  city  or  other  municipality  within 
which  such  election  district  may  be  situate;  on  the  day 
succeeding  the  completion  of  said  registers,  one  copy 
thereof  shall  be  delivered  by  the  chairman  of  said  board 
t  .  the  county  board  of  elections  to  be  filed  by  them,  and 
one  copy  shall  be  retained  by  him  for  use  by  the  district 
board  on  the  day  of  election. 


Meeting  of  the  County  Board  of  Elections  Before  the 
General  Election. 


25.  It  shall  be  the  duty  of  the  several  county  boards  of 


Meetings    of 
county    board 

before  gen-      elections  to  sit  at  the  office  so  provided  for  them  on  Thurs- 

pi*qi     plpctioH 

day  and  on  Saturday  next  preceding  the  day  of  the  gen- 
eral election,  from  eight  o'clock  in  the  forenoon  till  five 
Procedure   to  o'clock  in  the  afternoon  of  each  of  said  days ;  and  in  case 
to*^iegtster.      the  name  of  any  legal  voter  in  any  election  district  has  been 


^z 


improperly  or  inadvertently  left  off  the  registry  list,  he 
may,  on  said  days,  apply  in  person  to  the  county  board  of 
elections  for  the  purpose  of  having  his  name  placed  upon 
the  register;  and  the  county  board  of  elections,  upon  such 
application  to  them,  and  upon  proper  evidence  satisfying 
them  that  such  person  is  a  legal  voter  entitled  to  vote  at 
any  such  election,  may  give  their  certificate  to  that  effect, 
and  shall  add  his  name  to  the  proper  register  on  file  with 
them ;  such  voter  may  present  such  certificate  to  the  board 
of  registry  and  election  of  the  district  in  which  he  is  enti- 
tled to  vote,  and  said  board  shall  receive  and  file  said  cer- 
tificate and  add  his  name  to  the  register,  provided  said 
board  shall  be  satisfied  that  he  is  entitled  to  vote  in  said 
district,  and  he  shall  thereupon  be  allowed  to  vote  at  said 
election,  and  no  name  shall  be  added  to  the  said  register 
after  the  last  registry  day  preceding  the  day  of  election 
except  in  the  manner  provided  for  in  this  section;  pro- 
vided, hozvever,  that  certificates  of  transfer  may  be  issued 

and  shall  be  accepted  in  the  cases  hereinafter  mentioned ;  „      ^ 

^  Procedure    to 

said  board  may  order  erased  from  any  register  the  name  erase  names 
of  any  person  who  shall  be  shown  to  the  satisfaction  of 
the  board,  for  any  cause,  not  to  be  entitled  to  vote  at  the 
next  election  in  the  election  district  wherein  he  is  regis- 
tered ;/»ro7/{rfei/,  that  no  name  shall  be  ordered  erased  from 
any  such  register  in  the  absence  of  the  person  to  be 
affected  thereby,  unless  it  shall  appear  to  the  board  by 
affidavit  9f  some  qualified  voter  that  notice  has  been  given 
such  person,  either  personally  or  by  leaving  the  same  at 
his  assigned  place  of  residence,  with  some  person  above 
the  age  of  fourteen  years,  at  least  two  entire  days  before 
such  meeting  of  the  board,  that  at  such  meeting  applica- 
tion would  be  made  to  have  the  name  of  such  registered 
person  stricken  from  the  register,  on  the  grounds  on  which 
said  application  would  be  based;  when  any  name  shall  be 
stricken  from  any  register  as  aforesaid,  a  certificate  of 
such  board,  stating  the  name  erased  and  the  cause  there- 
for, and  from  what  election  district,  shall  be  given  to  the 
person  applying  to  have  such  name  erased,  and  such  board 
shall  erase  the  name  of  such  person  from  the  register  on 


from  register. 


24 


file  with  them,  and  on  the  delivery  of  such  certificate  to 
the  board  of  registry,  the  name  of  such  person  shall  be 
erased  by  them  from  the  register  in  their  possession,  and 
his  vote  shall  not  be  received  if  he  presents  the  same. 

^^ppieinented  Registration  in  Municipalities  of  Over  Five  Thousand 
1911,,  p.  2^.  Population  for  Charter  Election. 


Meetings    to 
make  or 
revise 

registers    for 
charter    elec- 
tions in  cities 
having  over 
5,000 

inhabitants. 
Supplemented 
by  P.   L. 
1911,    p.    294, 
&c. 


Date  of 
meetings. 


Two    copies 
to   bo   posted. 


26.  In  each  municipaHty  of  this  state  having  a  popula- 
tion exceeding  five  thousand  it  shall  be  the  duty  of  the 
district  boards  of  registry  and  election  for  all  elections 
other  than  general  elections  to  make,  alter  or  revise,  as 
the  case  may  require,  the  register  of  voters  within  and  for 
the  several  election  districts  of  such  city;  provided,  hozv- 
ever,  that  where  the  election  districts  have  remained  un- 
changed it  shall  not  be  necessary  for  said  boards  to  make 
a  new  register  of  the  voters  for  such  election  districts,  but 
only  to  revise  and  correct  the  register  made  for  the  last 
general  election;  and  for  that  purpose  the  said  boards 
shall  meet  at  such  places  in  their  respective  election  dis- 
tricts as  shall  be  designated  by  the  clerk  of  such  city,  on 
Tuesday  four  weeks  next  preceding  such  election,  and 
finally  on  the  Tuesday  two  weeks  next  preceding  the 
same;  and  meetings  to  begin  at  one  o'clock  in  the  after- 
noon and  to  continue  until  nine  o'clock  in  the  evening,  for 
the  purpose  of  revising  and  correcting  the  register  and  of 
adding  thereto  the  names  of  all  persons  entitled  to  the 
right  of  sufifrage  in  that  election  district  at  the  said  elec- 
tion, who  shall  appear  in  person  before  them  and  estab- 
lish to  the  satisfaction  of  the  majority  of  the  board  that 
they  are  entitled  to  vote  in  that  election  district  at  said 
election,  or  who  shall  be  shown  by  he  written  affidavit  of 
a  voter  residing  in  the  same  election  district  to  be  so 
entitled  to  vote;  a  separate  affidavit  shall  be  required  for 
each  person  so  registered,  which  shall  contain  the  address 
of  the  affiant  and  shall  be  signed  by  him ;  on  the  day  suc- 
ceeding such  first  meeting,  each  of  the  clerks  rhall  post,  in 
hand-bill  form,  in  some  conspicuous  place  in  such  election 
district,  a  copy  of  the  revised  register;  and  on  the  day 


25 


succeeding  such  second  meeting,  one  copy  thereof  shall  be 
delivered  by  the  chairman  to  the  county  board  of  elections 
to  be  filed  by  them ;  and  one  copy  shall  be  retained  by  him 
for  use  by  the  district  board  of  election. 

27.  The  county  board  of  election  shall  deliver  to  the  city 
clerk  of  the  city  in  which  an  election  for  municipal  officers 
or  any  special  election  is  to  be  held,  seven  weeks  at  least 
prior  thereto,  the  copies  of  the  registers  filed  with  said 
county  board  of  elections  at  the  previous  general  election, 
to  be  by  the  said  city  clerk  delivered  to  the  district  boards 
cf  registry  and  election,  six  weeks  at  least  preceding  any 
such  election. 

28.  It  shall  be  the  duty  of  the  city  clerk  in  each  of  the 
said  cities  to  give  notice  by  publication  in  at  least  two  of 
the  newspapers  published  in  said  city,  of  the  time  and 
place  of  the  meetings  of  the  district  boards  of  registry  and 
election,  at  least  two  weeks,  once  in  each  week  before  the 
first  day  upon  which  such  boards  shall  meet;  in  cities  of 
the  first  class  the  said  notice  shall  include  a  short  descrip- 
tion of  the  boundary  lines  of  each  election  district  and 
the  location  of  the  polling  place  therein. 


Pis.p«  sition 
of   two 
original 
registers. 


Registers    to 
be    delivered 
by   county 
boards   to 
city    clerk 
for   use    of 
district 
boards. 


City   clerk 
to   publisli 
notice    of 
registration. 


Registration  in  all  Other  Municipalities  for  Charter  and 
Local  Elections. 


29.  In  all  cities  of  this  state  having  a  population  not  ex- 
ceeding five  thousand  and  in  all  townships,  towns,  bor- 
cughs  and  municipalities  other  than  cities,  there  shall  be 
no  new  registration  required  for  any  election  other  than 
the  general  election ;  but  the  several  boards  of  registry  and 
election  shall  procure  and  use  in  their  respective  districts 
ot  such  election  the  copy  of  the  register  filed  with  the  clerk 
of  the  municipality  within  which  such  election  district 
may  be  situate;  said  boards  shall  meet  on  the  Tuesday 
next  preceding  such  election,  to  revise  and  correct  said 
register  in  the  manner  hereinbefore  provided  for  the  revi- 
sion of  the  registers  in  cities  having  a  population  exceed- 
ing five  thousand;  and  each  election  clerk  of  every  dis- 
trict  shall  cause  at  least  three  notices  of  the  time  and 


Meetings 
to   revise 
registers   for 
local    elec- 
tions in 
districts 
outside    of 
cities   having 
over  5,000 
inhabitants. 
[Amended. 
P.    L.    1901. 
p.    257.] 


Notices  of 
meeting. 


26 

re^^ister^  place  of  such  meeting  to  revise  and  correct  said  register, 

delivered  to  to  be  conspicuously  posted  in  public  places  within  such 
district,  at  least  one  week  before  such  meeting;  no  copy 
oi  such  revised  and  corrected  register  need  be  posted,  but 
a  copy  shall  be  filed  with  the  county  board  of  elections 
within  one  day  thereafter. 

Meeting  of  County  Boards  of  Election  Before  Charter 
Elections. 

coun*t''^board       ^^'  ^^  ^^^^^  ^^  ^^^  ^"^^  ^^  ^^^  several  county  boards  of 
before  elections  to  sit  on  Thursday  and  also  on  Saturday  next  pre- 

locai  ceding  any  township,  municipal,  charter,  local  or  special 

elections.  election  in  their  respective  counties,  for  the  purpose  of 

adding  to  the  register  the  names  of  any  legal  voters  en- 
titled to  vote  at  such  election,  and  erasing  therefrom  the 
name  of  any  person  not  so  entitled  to  vote;  and  such 
county  board  shall  proceed  in  all  respects  as  is  provided 
for  the  revision  by  them  of  the  register  for  the  general 
election. 
County  31.  Whenever  the  boundaries  of  any  election  district  in 

appoint  *dis-      ^^Y  township,  city  or  other  municipality  within  this  state 
trict  boards      ghall  have  been  changed  or  any  new  district  created  be- 

for    new    or  o  j 

altered  tween  the  time  of  holding  the  general  election  and  the  time 

of  holding  the  next  charter,  local  or  special  election,  or 
where  the  boundaries  of  any  election  district  shall  not  be 
the  same  as  at  the  general  election,  it  shall  be  the  duty  of 
district    ^^     the  county  board  of  elections,  on  being  notified  thereof, 
boards.  |.,,  appoint  a  board  of  registry  and  election  for  such  elec- 

tion district,  in  the  manner  hereinbefore  provided  for  the 
appointment  of  district  boards  of  registry  and  election ; 
and  such  district  board  shall  thereupon  proceed  to  make 
and  revise  a  register  of  all  the  names  of  the  legal  voters  in 
such  election  district;  such  register  shall  be  made  and 
revised  so  far  as  is  practicable  at  the  times  and  in  the 
manner  hereinbefore  provided  for  the  making  and  revis- 
ing of  the  register  for  the  general  election ;  in  all  newly- 
created  municipalities,  the  registry  for  the  first  election 
shall  be  made  as  herein  directed,  unless  otherwise  pro- 


27 


vided  by  any  general  law  relating  to  such  newly-created 
njunicipalities. 

Proceedings  Applicable  to  all  Registrations. 


^2.  The  proceedings  of  every  board  of  registry  shall  be 
open  to  the  public,  and  all  persons  entitled  to  the  right  of 
suffrage  in  the  election  district  shall  be  entitled  to  be  freely 
heard  in  relation  to  the  revision  and  correction  of  the 
registers ;  whenever  a  voter  shall  be  registered  by  afifidavit 
a  separate  affidavit  shall  be  required  for  each  person  so 
registered,  which  shall  contain  the  address  of  the  affiant 
and  be  signed  by  him ;  such  affidavits  shall  be  preserved  in 
the  custody  of  the  member  of  the  board  of  registry  and 
election  acting  as  judge  until  the  completion  of  the  regis- 
try; all  such  affidavits  shall  then  be  delivered  by  such 
judge  to  the  county  board  of  elections,  who  shall  give  a 
-receipt  for  the  same,  stating  the  number  received;  and 
the  said  county  board  of  elections  shall  preserve  such 
affidavits  for  six  months  after  election,  or  until  required 
to  produce  the  same  by  any  court  or  tribunal  authorized 
to  require  their  production  as  evidence  in  such  court  or 
tribunal.* 

33.  No  person,  except  as  hereinafter  provided,  shall  be 
allowed  to  vote  unless  his  name  shall  be  found  on  the  reg- 
ister; and  if  any  member  or  members  of  the  board  of 
registry  and  election  shall  willfully  refuse  to  enter  in  the 
canvassing-books  or  upon  the  registers  the  name  of  any 
person  legally  entitled  to  vote,  or  shall  register  the  name 
of  any  person  contrary  to  the  provisions  of  this  act,  or 
on  the  day  of  election  shall  receive  the  vote  of  any  person 
whose  name  shall  not  appear  on  the  revised  and  corrected 
register,  unless  such  name  shall  have  been  ordered  added 
thereto  in  the  manner  herein  provided,  such  member  or 
members  shall  be  punished,  on  conviction,  by  a  fine  not 


Proceedings 
of  district 
boards    to    be 
public. 


Registration 
by  affidavit. 


Disposition 
of    affidavits 


Who   may 
vote. 


Penalty  for 
illegal   regis- 
tration,   etc. 
by    board. 


•  Registration  by  affidavit  prohibited  in  municipalities  above  5,000 
except  for  primary  elections  ;  sec  P.  L.  1911,  pages  292  and  306.  Sec. 
387    and    402.     Post. 


28 


False  regis- 
tration. 


Penalty. 


Registration 
by  affidavit. 


Penalty. 


Disposition 
of    affidavits. 


Procedure 

where 

election 

falls  on 

registration 

day. 


exceeding  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 

34.  Any  person  who  shall  cause  or  procure  his  name  to 
be  registered  in  more  than  one  election  district,  or  shall 
cause  or  procure  his  name  or  that  of  any  other  person  to 
be  registered,  knowing  that  he  or  the  person  whose  name 
he  has  procured  to  be  registered,  is  not  entitled  to  vote  in 
the  election  district  wherein  said  registry  is  made,  at  the 
next  election  to  be  held  therein,  or  who  shall  falsely  per- 
sonate any  registered  voter,  shall  be  punished  for  each 
offence  by  a  fine  not  exceeding  one  thousand  dollars,  or 
imprisonment  for  a  term  not  exceeding  five  years,  or  both, 
at  the  discretion  of  the  court,  (a) 

35.  Every  board  of  registry  and  election  shall  place  upon 
said  registers  the  name  of  any  person  who  shall  appear 
before  them  and  satisfy  them  by  an  affidavit  in  writing 
that  such  person  will,  on  the  day  of  the  next  ensuing  elec- 
tion, be  entitled,  under  the  constitution  and  laws  of  this 
state,  to  exercise  the  right  of  suffrage  in  that  election  dis- 
trict ;  and  any  person  swearing  falsely  in  any  such  affidavit 
shall  be  guilty  of  perjury,  and  incur  the  penalty  thereof ; 
every  such  affidavit  shall  within  two  days  be  forwarded 
to  the  county  board  of  elections,  to  be  by  them  kept  as 
provided  in  the  thirty-second  section  of  this  act. 

36.  Supplemented  by  P.  L.  191 1,  p.  312.  Paragraph 
357.  post 

2,7.  Whenever  the  time  fixed  by  law  for  holding  any 
municipal,  local  or  charter  election  falls  upon  the  day  fixed 
by  law  for  the  meeting  of  the  boards  of  registry  to  pre- 
pare a  register  for  the  ensuing  general  election,  such  meet- 
ing of  the  boards  of  registry  shall  be  held  upon  the  day 
following  such  municipal,  local  or  charter  election. 


(a)  A  (•onvlction  cannot  be  sustained  by  this  section  solely  upon 
the  fact  that  defendant  procured  the  name  of  an  unqualified  voter 
to  be  registered,  but  it  must  further  appear  that  he  knew  when  he 
caused  such  registration  to  be  made  that  the  person  so  registered  was 
not  entitled  to  vote  at  the  next  election.  The  significant  word  of  the 
section   is   '"knowing.''     State   v.   McBarron,   37   Vr.   680. 


29 


Nomination  by  Convention,  (b) 


38.  Any  convention  of  delegates  or  nominating  body  of 
a  political  party  as  hereinafter  defined,  and  also  individual 
voters  by  petition,  to  the  number  and  in  the  manner  here- 
inafter specified,  may  nominate  candidates  for  public 
office,  whose  names  shall  be  printed,  written  or  placed 
upon  the  ballots  as  hereinafter  provided  and  directed;  a 
*'convention  of  delegates"  or  ''nominating  body  of  a  po- 
litical partj,"  within  the  meaning  of  this  act,  is  an  organ- 
ized assemblage  of  delegates  or  voters,  representing  a 
political  party  which,  at  the  general  election  next  preced- 
ing the  holding  of  such  convention  or  nominating  body, 
polled  for  members  of  the  general  assembly  at  least  two 
per  centum  of  the  total  vote  cast  in  the  state,  county  or 
other  division  or  district  in  and  for  which  the  nomination 
is  made. 

39.  All  nominations  made  by  any  such  convention  of 
delegates  or  nominating  body  shall  be  certified  in  a  writ- 
ten or  printed,  or  partly  written  and  partly  printed,  cer- 
tificate of  nomination,  which  shall  contain  the  name  of 
each  person  nominated,  his  residence  and  post-office  ad- 
dress, the  office  for  which  he  is  named,  and  shall  designate 
in  not  more  than  three  words  the  title  or  name  of  the  party 
cr  principles  which  such  convention  or  nominating  body 
represented;  said  certificate  shall  be  signed  by  the  presid- 
ing officer  and  secretary  of  such  convention  or  nominating 
body,  who  shall  add  to  their  signatures  their  respective 
places  of  residence  and  post-office  addresses,  and  severally 
make  oath  before  an  officer  qualified  to  administer  the 
same,  that  the  affiants  were  respectively  such  officers  of 
such  convention  or  nominating  body,  and  that  said  cer- 
tificate and  the  statements  therein  contained  are  true  as 
they  verily  believe;  and  a  certificate  that  such  oath  has 
been  taken  shall  be  made  and  signed  by  the  officer  admin- 


Nomination 

of   candidates 
by    conven- 
tions,  etc. 


"Convention 
of    delegates" 
and    "nomi- 
nating body 
of  a  political 
party" 
defined. 


Nominations 
to  be  certified 
and  verified 
by  oath. 


(b)  The  only  candidates  for  office  who  may  now  be  nominated  in 
convention  by  delegates  are  candidates  for  presidential  electors  and 
candidates  of  parties  easting  at  least  two  and  less  than  five  per  centum 
of  the  total   vote  of  the  county. 


30 

istering  the  same  and  endorsed  upon  or  attached  to  such 
certificate  of  nomination,  (a) 
Names   of  aq.  In  case  of  a  division  in  any  party  and  claim  by  two 

factions;  ^  .       .  ,  j   f       j  .  ^ 

how  selected  or  more  factions  to  the  same  party  name  or  title,  the  sec- 
is  divid^od.'''  rttary  of  state  or  the  county  or  municipal  clerk,  as  the 
case  may  be,  shall  give  the  preference  of  name  or  title  to 
the  convention  of  delegates  or  nominating  body  held  at 
the  time  and  place  designated  in  the  call  of  the  regularly- 
constituted  party  authorities;  and  if  the  other  faction 
shall  present  no  other  party  name  or  title,  the  secretary  of 
state  or  county  or  municipal  clerk,  as  the  case  may  require, 
shall  select  a  name  or  title  and  place  the  same  at  the  head 
ot  the  list  of  candidates  of  said  faction  on  the  ballot;  if 
two  or  more  conventions  be  called  by  authorities  or  bodies 
claiming  to  be  the  regularly-constituted  authority  or  body 
of  any  party,  the  secretary  of  state  or  county  or  municipal 
clerk,  as  the  case  may  require,  shall  select  suitable  names 
or  titles  to  distinguish  the  several  factions,  and  the  ballots 
shall  be  printed  accordingly. 

Nominations  by  Petition. 


N  mination  4^*  -^^^ides  the  nomination  of  candidates  by  a  conven- 

of  candidates   tion  of  delegates  or  nominating  body  of  a  political  party, 
as  hereinbefore  provided,  candidates  for  public  office  may 
also   be   nominated   by   "petition"   in   manner   following: 
Contents  of      Such  petition  shall  be  addressed  to  the  secretary  of  state 
petition.  ^^^  ^j^^j^  ^^  ^^.^  county,  city  or  other  municipality,  as  may 

be  proper,  and  shall  set  forth  the  name  or  names  and 
places  of  residence  and  post-office  addresses  of  the  candi- 
dates for  the  offices  to  be  filled,  the  office  for  which  each 
candidate  is  named,  and  that  such  petitioners  are  legally 
qualified  to  vote  for  such  candidates;  said  petition  may 
also  designate,  in  not  more  than  three  words,  the  title  of 
the  party  or  principle  which  the  candidates  therein  named 
represent,  and  shall  be  signed  by  legally  qualified  voters 
of  this  state,  residing  within  the  district  or  political  divi- 

(a)     As  to  amending  a  defective  certificate  of  nomination,  see  sec- 
tion 235  post. 


31 

sion  in  and  for  which  the  officer  or  officers  nominated  are   Number  of 

sicTiiprs 

to  be  elected,  equal  in  number  to  at  least  two  per  centum  required, 
ct  the  entire  vote  cast  for  members  of  the  general  assem- 
bly, at  the  last  preceding  general  election  in  the  state, 
county,  district  or  other  political  division  in  and  for  which 
the  nominations  are  made;  provided,  that  when  the  nomi- 
nation is  for  an  office  to  be  filled  by  the  voters  of  the 
entire  state,  eight  hundred  signatures  in  the  aggregate 
for  each  candidate  nominated  in  said  petition  shall  be 
sufficient;  provided,  also,  that  no  more  than  one  hundred 
signatures  shall  be  required  to  any  petition  for  any  officers 
to  be  elected,  save  only  such  as  are  to  be  voted  for  by  the 
voters  of  the  state  at  large;  in  case  of  a  first  election  to 
be  held  in  a  newly-established  election  district,  county, 
city  or  other  political  division,  the  number  of  fifty  signa- 
tures  to  a  petition  shall  be  sufficient  to  nominate  a  candi-  and  address 
date  to  be  voted  for  only  in  such  election  district,  county, 
city  or  other  political  division;  every  voter  signing  a 
petition  shall  add  to  his  signature  his  place  of  residence, 
post-office  address  and  street  number,  if  any;  such  voter 
may  sign  one  petition  for  each  officer  and  no  more,  but 
all  the  names  need  not  be  signed  to  one  petition ;  .before  Petition  to 
any  petition  shall  be  filed  as  hereinafter  provided,  at  least  ^y  VatL  ^ 
five  of  the  voters  signing  the  same  shall  make  oath  before 
a  duly-qualified  officer  that  the  said  petition  is  made  in 
good  faith,  that  the  affiants  verily  believe  all  the  signa- 
tures thereto  to  be  genuine  and  those  of  duly-qiialified 
voters;  and  a  certificate  that  such  oath  has  been  taken 
shall  be  indorsed  upon  or  annexed  to  the  petition  by  the 
officer  before  whom  the  same  is  made. (a) 

Certificate  of  Nomination  and  Petition. 

42.  All  certificates  of  nomination  and  all  petitions  nam-   rp^jj^^  ^q^ 
ing  candidates  for  office  to  be  filled  by  voters  of  the  entire  ^^^^^   certifl- 

°  ...  ,  .  cates   and 

state,  or  of  any  congressional  district,  or  of  any  political   petitions, 
division  greater  than  a  single  county,  shall  be  filed  with 
the  secretary  of  state  at  least  twenty-five  days  previous  to 

fa)     As    to    amending    a    defective    petition,    see    section    235    post. 


32 


(Amended    P. 
1912,  p.  766.) 


Acceptance 
by  candi- 
dates. 


County 
clerks  to 
certify    post- 
office    ad- 
dresses   to 
secretary    of 
state. 


Names   of 

candidates 

certified   by 

secretary  of 

state    to 

county 

clerks. 

r  Amended, 

P.    Li.    1903, 

p.    698.] 


the  election  at  which  the  candidates  nominated  are  to  be 
voted  for;  all  certificates  and  petitions  naming  candidates 
to  be  voted  for  by  all  the  voters  of  a  single  county  or  more 
than  a  single  political  division  thereof,  or  where  candi- 
dates for  city  offices  are  to  be  voted  for  upon  the  county 
ticket,  shall  be  filed  with  the  clerks  of  the  respective  coun- 
ties wherein  the  officers  nominated  are  to  be  voted  for  at 
least  thirty  days  prior  to  such  election;  all  other  certifi- 
cates and  petitions  shall  be  filed  with  the  clerks  of  the 
respective  municipalities  wherein  the  candidates  nominated 
are  to  be  chosen  at  least  twenty-five  days"  before  the  elec- 
tion whereat  they  are  to  be  voted  for;  all  certificates  and 
petitions  when  filed  shall  be  opened,  under  proper  regula- 
tion, for  public  inspection,  and  the  same  shall  be  preserved 
for  one  year;  candidates  nominated  for  any  office  in  any 
certificate  or  petition  shall  manifest  their  acceptance  of 
such  nomination  by  a  written  acceptance  thereof,  signed 
by  their  own  hand,  upon  or  annexed  to  and  filed  with  such 
certificate  or  petition,  or  if  the  same  person  be  named  for 
the  same  office  in  more  than  one  petition  annexed  to  one 
of  such  petitions;  the  name  of  any  candidate  who  shall  fail 
in  such  manner  to  signify  his  acceptance  of  the  nomina- 
tion shall  not  be  printed  upon  the  ballots;  it  shall  be  the 
duty  of  the  county  clerks  to  certify  to  the  secretary  of 
state,  within  five  days  prior  to  the  general  election,  the 
names,  places  of  residence  and  post-office  addresses  of  the 
several  candidates  nominated  for  senator  and  members  of 
the  general  assembly,  together  with  the  title  of  the  party 
nominating  said  candidates,  and  whether  by  convention 
or  petition,  with  the  dates  of  holding  such  convention  and 
of  the  filing  of  such  certificates  of  nominations  and 
petitions. 

43.  It  shall  be  the  duty  of  the  secretary  of  state  at  least 
fifteen  days  before  any  election  whereat  any  candidates 
nominated  in  any  certificate  or  petition  filed  with  him  is  to 
be  voted  for  to  make  and  certify,  under  his  hand  and  seal 
of  office,  and  forward  to  the  clerks  of  the  several  counties 
of  the  state  a  statement  of  all  the  candidates  nominated  by 
certificate  or  petitions  filed  in  his  office  for  whom  voters 


33 

within  any  such  county  may  be  by  law  entitled  to  vote  at 

such  election;  such  statement,  in  addition  to  the  names  of 

the   candidates    for   president   and   vice-president   of   the 

United  States,  if  any  such  have  been  included  in  any  such 

certificate  or  petition  filed  with  him,  shall  also  contain  the 

names  and  residences  of  all  other  candidates,  the  offices 

for  which  they  are  respectively  nominated,  and  the  names 

of  the  parties  by  which  or  the  political  appellation  under 

which  they  are  respectively  nominated;  candidates  nomi-    candWates!^ 

nated  by  petition,  without  distinctive  political  appellation, 

shall  be  certified  as  independent  candidates. 

44.  Whenever  any  person  nominated  for  public  office  by  Procedure  in 
any  of  the  modes  in  this  act  provided  shall,  at  least  thirteen    declines, 
days  before  the  day  of  election,  in  a  writing  signed  by  him   p'^^L^'^jgos 
and  duly  acknowledged,  notify  the  officer  with  whom  the   p-  699-3 
original  certificate  of  his  nomination  w^as  filed  that  he  de- 
clines such  nomination,  the  same  shall  be  void,  and  his 

name  shall  not  be  printed  upon  the  ballots;  the  officer  to 
w^hom  such  notification  is  given  shall  forthwith  inform,  by 
mail  or  otherwise,  the  chairman  and  secretary  whose 
names  are  attached  to  the  original  certificate  of  nomina- 
tion, if  the  nomination  was  by  certificate,  that  such  nomi- 
nation has  been  declined;  or  if  the  nomination  was  by 
petition,  then  the  officer  to  whom  the  notification  or  decli- 
nation is  given  shall  forthwith,  by  mail  or  otherwise,  in- 
form at  least  five  of  the  persons  who  signed  the  petition 
nominating  such  candidate  that  such  nomination  has  been 
declined. 

45.  Should  any  person  so  nominated'  die  before  election  Provision 
day  or  decline  the  nomination  as  in  this  act  provided,  or  vacancy^^ 
shall  anv  certificate  or  petition  of  nomination  be  insufficient   when  nomi- 

^  nee    dies, 

CI   inoperative,  the  vacancy  or  vacancies  thus  occasioned  declines,  etc. 
may  be  filled  in  the  manner  required  for  original  nomina-   p.  °J^°  1903, 
tions;  if  the  original  nomination  was  made  by  a  party   p-  ^^1 
convention  which  had  delegated  to  a  committee  the  power 
to  fill  vacancies,  such  committee  may,  upon  the  occurring 
of  such  vacancies,  proceed  to  fill  the  same;  the  chairman 
and  secretary  of  such  committee  shall  thereupon  make  and 
file  with  the  proper  officer  a  certificate  setting  forth  the 


34 

cause  of  the  vacancy,  the  name  of  the  person  nominated, 
the  office  for  which  he  was  nominated,  the  name  of  the 
person  for  whom  the  new  nominee  is  to  be  substituted,  the 
fact  that  the  committee  was  authorized  to  fill  vacancies, 
and  such  further  information  as  is  required  to  be  given  in 
any  original  certificate  of  nomination;  the  certificate  so 
made  shall  be  executed  and  sworn  to  by  the  chairman  and 
secretary  of  such  committee  in  the  manner  prescribed  for 
the  original  certificate  of  nomination,  and  shall,  upon  being 
filed  at  least  thirteen  days  before  election,  have  the  same 
force  and  effect  as  an  original  certificate  of  nomination; 
when  such  certificate  shall  be  filed  with  the  secretary  of 
state,  he  shall,  in  certifying  the  nominations  to  the  various 
county  clerks,  insert  the  name  of  the  person  who  has  thus 
been  nominated  to  fill  a  vacancy,  and  in  the  event  that 
he  has  already  sent  forward  his  certificate,  he  shall  forth- 
with certify  to  the  clerks  of  the  proper  counties  the  name 
and  description  of  the  person  so  nominated  to  fill  a 
vacancy,  the  office  he  is  nominated  for,  the  party  or 
political  principle  he  represents,  and  the  name  of  the  per- 
son for  whom  such  nominee  is  substituted. 
Objections  to  46.  All  certificates  of  nomination  which  are  in  apparent 
nomination,  conformity  with  the  provisions  of  this  act  shall  be  deemed 
Umended^^  to  be  Valid,  unless  objection  thereto  shall  be  duly  made  in 
p.  L.  1903,  writing  and  filed  with  the  officer  with  whom  the  original 
certificate  was  filed  within  two  days  after  the  filing  of 
said  certificates;  (a)  in  case  such  objection  is  made,  notice 
Notice.  thereof  signed  by  said  clerk  shall  forthwith  be  mailed  to 

all  candidates  who  may  be  affected  thereby,  addressed  to 
them  at  their  respective  places  of  residence  as  given  in 
said  certificate  of  nomination ;  the  said  officer  with  whom 
the  original  certificate  was  filed  shall  in  the  first  instance 
pass  upon  the  validity  of  such  objection,  unless  an  order 
shall  be  made  in  the  matter  by  a  court  of  competent  juris- 
diction, and  file  his  determination  in  writing  in  his  office 
at  least  thirteen  days  before  the  election,  which  determina- 
tion shall  be  open  for  public  inspection,  and  the  justice  of 


Procedure. 


(o)  Where  a  certificate  of  nomination  is  in  apparent  c"onformity 
with  the  provisions  of  this  act,  and  no  ol\iection  in  writing  is  filed, 
the  officer  with  whom  the  certificate  is  filed  must  treat  it  as  valid. 
H008  V.   O'nonncll,  .31   Vr.  3"i. 


35 

ilie  supreme  court  holding  the  circuit  court  in  and  for  the 
ounty  in  which  any  certificate  of  nomination  shall  be  filed, 
en  the  application  or  complaint,  duly  verified,  of  any  can- 
didate setting  forth  any  invasion  or  threatened  invasion 
of  his  rights  under  the  certificate  of  nomination  filed  with 
any  county  or  municipal  clerk,  is  hereby  empowered  and 
required  to  determine  upon  said  application  or  complaint 
in  a  summary  way  and  make  such  order  thereupon  as  will 
protect  and  enforce  the  rights  of  such  candidates,  (t) 

47.  When  electors  for  president  and  vice-president  of  Names  oi 
^  ;  ,    r  1  f     1        candidates 

the  United  States  are  to  be  voted  for,  the  names  of  the  for  president 

candidates  for  president  and  vice-president,  for  whom  the  presided 

electors  named  in  any  certificate  or  petition  are  nominated  ™ay  be 

.  .  printed    on 

to  vote,  may  be  included  in  such  certificate  or  petition ;  and  ballots. 
V-  hen  so  included  the  names  of  such  presidential  and  vice- 
presidential  candidates,  together  with  the  party  names  and 
political  appellations,  names  of  other  candidates  for  any 
offices,  if  any,  designated  in  the  certificate  or  petition,  shall 
be  printed  upon  the  ballot  in  the  manner  hereinafter  di- 
rected. 


Official  Ballots. 


Supplemented 
by   P.   L. 
1911,    p. 

48.  All  Ballots  cast  at  any  election  shall  (except  as  here-   sec'  61. 


in  otherwise  provided )  be  printed  and  distributed  at  public   Ballots 
expense,  and  no  ballots  shall  be  cast  or  counted  at  any    aY^^^^wl 
such  election  except  such  as  are  by  this  act  provided  for. 


expense. 


49.  Supplemented  by  P.  L.  191 1,  p.  313,  &c.  ^ 

50.  Supplemented  by  P.  L.  191 1,  p.  313,  &c. 

51.  Supplemented  by  P.  L.  191 1,  p.  313,  &c. 

52.  Supplemented  by  P.  L.  191  f,  p.  313,  &c. 


See    para- 
graph  359, 
etc..   Post. 


53.  All  official  ballots  shall  be  printed  and  in  possession 
«jf  the  county  or  municipal  clerk  at  least  five  days  before 
the  election  and  subject  to  inspection  and  examination  by 
the  candidates  and  their  agents;  if  any  mistake  is  discov- 


When    ballots 
to    be 
ready    for 
inspection. 


(h)  Query. — Is  not  this  section  so  imperfect  with  respect  to  the 
power  conferred  upon  the  justice  of  the  supreme  court  as  to  render 
its  provisions  entirely  nugatory?  In  r«  f'rederick  Kraft,  22  Nefg 
.Irrf^fu   Laic  Journal  .373. 


36 


Error  in 
printing,  how 
^wrrected. 


I  Amended, 
P.  L.  1910, 
p.    118.1 
[Supple- 
mented   by 
P.    L.    1911, 
p.    319.1 


Receipts    for 
same. 


Delivery  of 
ballots,   etc., 
to   clerks   of 
•election. 


ered  it  shall  be  the  duty  of  the  county  or  municipal  clerk 
to  correct  the  same  without  delay,  by  causing  new  ballots 
tu  be  immediately  printed  in  place  of  those  found  to  be 
hiaccurate  or  incomplete;  and  those  found  to  be  inaccu- 
r?*te  or  incomplete  shall  be  immediately  destroyed;  when- 
ever it  shall  appear  that  any  error  or  omission  has  occur- 
red in  the  printing  of  the  ballots  by  any  county  or  mu- 
nicipal clerk,  any  voter  resident  in  the  county  or  munici- 
pality may  present  to  a  justice  of  the  supreme  court  a 
verified  petition  setting  forth  such  error  or  omission;  and 
said  justice  being  satisfied  thereof,  shall  thereupon  sum- 
marily, by  his  order,  require  the  county  or  municipal  clerk 
to  correct  such  error  or  show  cause  before  said  justice,  at 
the  shortest  possible  day,  why  such  error  should  not  be 
corrected. 

54.  The  county  clerks  of  the  several  counties,  not  later 
than  three  days  prior  to  any  election  for  which  they  are 
required  by  this  act  to  provide  the  ballots,  shall  cause  to 
be  delivered,  to  the  clerk  of  each  township,  city  or  other 
municipality  within  their  respective  counties,  the  number 
of  ballots  *  *  *  hereinbefore  required  to  be  provided 
for  each  election  district  within  his  township,  city  or  mu- 
nicipality at  such  election ;  the  same  shall  be  sent  in  sealed 
packages,  one  for  each  election  district  of  said  township, 
city  or  other  municipality,  with  marks  or  directions  on  the 
outside  of  each  clearly  stating  the  election  district  for 
which  it  is  intended,  together  with  the  number  of  ballots 
*  *  *  inclosed;  receipts  for  ballots  *  *  *  thus 
delivered  shall  be  given  by  the  clerk  receiving  the  same 
and  filed  with  the  county  clerk,  who  shall  also  keep  a 
record  of  the  time  when  and  the  manner  in  which  each  of 
said  packages  was  sent;  the  said  township  or  other  clerk 
shall,  on  the  day  preceding  any  such  election  (but  on  the 
Saturday  preceding,  when  such  election  occurs  on  a  Mon- 
day), deliver,  at  his  office,  to  one  of  the  clerks  of  each 
election  district  within  his  township,  city  or  other  munici- 
pality, the  ballot  box,  the  ballots  *  *  *  by  him  re- 
ceived from  the  county  clerk  for  such  election  district,  and 
take  the  receipt  of  such  election  clerk  therefor,  which  last 


37 

mentioned   receipt   the   clerk   of   such    township,   city   or 
other  municipahty  shall  file  and  preserve;  said  election 
clerk  shall,  on  the  morning  of  election  and  before  the  proc-  ^^^^jg^^^ 
lamation  of  the  opening  of  the  polls,  deliver  the  ballot  box,  morning, 
the  packages  of  ballots     *     *     *     by  him  received  to  the 
election  board  of  his  election  district,  with  the  seals  thereof 
unbroken,   and  shall  take  a  receipt  therefor   from   said 
election  board,  which  receipt  said  election  clerk  shall  care- 
fully preserve  for  at  least  one  year.     In  case  of  elections 
within  and  for  a  single  municipality  of  any  county  where, 
under  this  act,  the  ballots     *     *     *     are  required  to  be  As  to  muni- 
provided  by  the  clerk  of  such  municipality,  the  duties  by  elections, 
this  section  imposed  upon  the  county  clerk  with  reference 
to  the  delivery  of  the  ballots     *     *     *     shall,  the  neces- 
sary changes  being  made,  devolve  upon  and  be  performed 
by  the  clerk  of  such  municipality. 

55.  If  at  any  election  the  ballots  to  be  furnished  there-  ^''''^^^^^ 
for  shall  not  be  delivered  at  the  time  above  mentioned^  official 
01  if  after  delivery  they  shall  be  destroyed  or  stolen  and  are  lost, 
ether  official  ballots  cannot  be  obtained  in  time  for  such   orstSen. 
election,  the  clerk  of  such  township,  city  or  other  munici-   supplemented 
pality,  or  the  board  of  election,  as  the  case  may  require,  Jln^'p^^a 
shall  cause  other  ballots  to  be  prepared  as  nearly  in  the 
form  heretofore  prescribed  as  practicable,  but  without  the 
indorsement  on  the  top  thereof ;  and  upon  the  receipt  of 
the  ballots  thus  prepared  from  the  clerk  of  such  township, 
city  or  other  municipality,  accompanied  by  a  statement, 
under  oath,  of  the  person  preparing  the  same,  that  the 
same  have  been  so  prepared  and  furnished  because  the 
original  ballots  have  so  failed  to  be  received  or  have  been 
destroyed  or  stolen,  and  that  other  official  ballots  could 
not  be  obtained  in  time  for  such  election,  or  where  such 
board  of  election  has  caused  such  unofficial  ballots  to  be 
prepared,  the  board  of  election  shall  cause  the  ballots  so 
substituted  to  be  used  at  the  election;  if  from  any  cause 
neither  the  official  ballot  nor  ballots  otherwise  prepared 
as  herein  prescribed  shall  be  ready  for  distribution  at  any 
polling  place,  or  if  the  supply  of  ballots  shall  be  exhausted 
before   the  polls  are  closed,  unofficial  ballots,   made  as 


38 


Distinguish- 
ing   mark    on 
ballot 
renders   it 
•void. 


How    voter 
may   alter 
ballot. 
(Supple- 
mented   by 
P.    L.    1911, 
p.    319] 


nearly  as  possible  in  the  form  of  the  official  ballot,  may 
be  used ;  *  *  *  the  mode  and  manner  of  voting  shall, 
nevertheless,  in  all  respects  conform  as  nearly  as  possible 
to  the  mode  and  manner  of  voting  hereinafter  prescribed. 


56.  Supplemented  by  P.  L.  191 1,  p.  318. 

57.  Supplemented  by  P.  L.  191 1,  p.  318. 


See 

paragraph 

364. 


58.  If  any  ballpt  voted  at ^ny  election  shall  have  thereon, 
either  on  its  fape  or  back,  jany  mark,  sign,  designation  or 
device  whatsoever,  other  than  is  permitted  by  this  act, 
whereby  such,  ballot  can  or  may  be  identified  or  distin- 
guished from  other  ballots  cast  at  such  election,  such  ballot 
shall  be  absolutely  void,  and  shall  not  be  canvassed  or 
counted  for  any  candidate  named  thereon.     "     ^"     *     (a) 

59.  Nothing  in  this  act  contained  shall  prevent  any  voter 
"^     *     *     from  writing  or  pasting  thereon  the  name  or 


(a)  The  provision  that  if  a  ballot  have  on  it  a  distinguishing  mark 
it  shall  be  void,  is  not  unconstitutional ;  the  objection  that  the  voter 
may  thereby  lose  his  vote  by  the  fraud  or  neglect  of  those  preparing 
the  ballot  is  not  sound.  Ransom  v.  Black,  25  Vr.  446.  Fifty  ballots 
cast  in  the  Third  district  of  the  Thirteenth  ward  of  Newark  had  on 
the  back  the  designation  "Eighth  district,  Thirteenth  ward."  Held, 
that  these  ballots  contained  a  designation  by  which  they  could  and 
might  be  distinguished  from  other  ballots  cast  at  the  election,  and 
that  they  were  properly  rejected.  Ulrich  v.  Freiensehner,  15  New 
Jersey  Law  Journal  74.  The  provision  of  the  above  section  that  a 
ballot  which  has  upon  it  any  distinguishing  mark  shall  be  void,  over- 
comes and  supersedes  the  common  law  rule  with  regard  to  ascertaining 
the  intention  of  the  voter  by  means  of  extraneous  evidence  in  can- 
vassing and  counting  the  votes.  Kearns  v.  Edicards,  17  Netc  Jersey 
Law  Journal  51.  Ballots  cast  in  one  voting  precinct  having  an  official 
endorsement,  indicating  that  they  were  prepared  for  another  precinct, 
should  be  rejected  as  marked  ballots.  Lippincott  v.  Felton,  32  Vr, 
291.  Where  a  person  had  written  on  certain  ballots  his  own  name 
in  a  blank  space  under  the  printed  words  "Chosen  Freeholder."  it 
was  held  that  the  question  as  to  whether  such  ballots  were  invalid  as 
marked  ballots  "was  one  of  fact  for  the  circuit  court  in  proceedings 
under  section  1'62.  &c.  Hackett  v.  Mayhew,  33  Vr.  481.  The  language 
of  the  5Sth  section  and  that  of  the  S5th  section  show  a  clear  legis- 
lative purpose  to  prevent  a  voter,  or  one  acting  for  him,  from  placing 
upon  a  ballot  any  mark,  sign,  designation  or  device  by  whicli  such 
ballot  can  be  distinguished  from  any  other  ballot.  But  where  a  large 
■class  of  ballots  used  have  the  same  accidental  or  intentional  mark 
or  designation  upon  them,  but  for  which  mark  or  designation  tiie 
voter  is  in  no  way  responsible,  such  a  ballot  is  not  within  the  inter- 
<liction  of  the  statute  which  makes  a  marked  ballot  void.  It  will  not 
be  presumed  to  be  the  legislative  intent  that  the  vote  of  the  citizen 
shall  be  defeated  by  an  act  for  which  he  was  neither  directly  nor 
indirectly  responsible.  In  re  Election  of  Long  Branch  Oommission, 
N.  J.  Law  Journal,  April,  1902,  p.  llii.  Official  ballots  furnished  to 
the  electors  by  a  municipal  clerk  under  his  construction  of  a  statute 
of  uncertain  meaning,  and  endorsed  with  a  facsimile  of  his  signature, 
are  not  upon  that  account  marked  ballots.  Bliss  v.  Wooley,  52  Atl. 
Rep.  835. 


39 


names  of  any  person  or  persons  for  whom  he  desires  to 
vote  for  any  office  or  offices;  the  ink  or  lead  pencil  to  be 
used  in  writing  any  name  or  names  upon  the  ballots  shall 
be  black  in  color,  and  the  use  of  any  other  colored  ink  or 
pencil  shall  invalidate  the  entire  ballot ;  and  all  pasters  used 
shall  be  printed  with  black  ink  on  white  paper  only,  and 
the  use  of  any  other  kind  or  style  of  pasters  shall  invali- 
date the  entire  ballot. 


Ballot-Boxes. 


60.  The  board  of  chosen  freeholders  of  each  county 
bhall  provide  and  keep  in  good  repair  ballot-boxes  for  the 
use  of  each  election  district,  which  boxes  shall  be  made  at 
least  one  foot  in  depth,  width  and  length  measuring  the 
same  on  the  exterior  thereof;  and  when  new  boxes  are 
required  may  provide  a  ballot-box  known  as  the  "safety 
ballot-box,"  of  Camden,  New^  Jersey ;  no  sum  in  excess  of 
twenty-five  dollars  shall  be  paid  for  each  ballot  box;  said 
ballot-box  shall  be  so  constructed  as  to  have  four  glass 
sides,  supported  by  four  upright  columns,  and  no  bolts, 
screws  or  other  attachments  by  which  the  box  is  held  to- 
gether shall  be  exposed  on  the  outside;  and  the  said 
ballot-box  shall  be  secured  by  three  patent  locks,  no  two 
keys  of  which  shall  be  olike ;  and  these  locks  in  turn  shall 
be  covered  by  an  outer  door,  connected  by  a  rod  running  to 
a  dial  in  front  of  the  box,  which  is  sealed  and  in  full  view 
of  the  voter,  so  that  each  vote  cast  will  be  recorded  in 
figures  plainly  visible  in  the  front  of  the  box ;  the  said 
board  of  chosen  freeholders  shall  also  provide  a  sufficient 
number  of  additional  boxes  for  the  use  of  each  election 
district  at  the  primary  elections  provided  for  in  this  act, 
which  additional  boxes  shall  be  at  least  one  foot  in  depth, 
width  and  length,  measuring  the  same  on  the  exterior 
thereof,  with  four  glass  sides,  and  with  an  opening  in  the 
top  for  the  reception  of  the  ballots. 

See  P.  L.  191 1,  p.  322.    See  paragraph  369,  post. 


Ballot-boxes, 
by    whom 
provided,  and 
desicription 
thereof. 
[Amended, 
P.    L.    1903, 
p.    627.] 


Additional 
boxes    for 
primary 
elections. 


40 


Election  Blanks  and  Books. 


Election 
blanks,  etc., 
furnished    by 
secretary    of 
state. 


Distributed 
by    secretary 
of  state. 


Distributed 
by   county 
clerks. 


Election 
blanks,    etc., 
furnished   by 
municipal 
clerk  for 
local 
elections. 


6i.  The  secretary  of  state  shall,  at  the  expense  of  the 
state,  in  all  cases  where  the  ballots  are  provided  and  fur- 
nished by  the  county  clerks  for  any  election,  provide  proper 
and  sufficient  canvassing-books,  poll-books,  register-books, 
copies  of  the  election  laws  then  in  force,  pamphlet  of  in- 
structions for  election  officers  and  voters,  blanks  for  the 
official  oaths  and  for  election  returns  for  the  proper  carry- 
ing into  effect  the  provisions  of  this  act,  and  furnish  a 
sufficient  supply  of  the  same  to  the  clerks  of  the  different 
counties  of  the  state,  for  use  in  such  counties,  at  least 
thirty  days  before  the  same  shall  be  required  for  use ;  and 
the  said  county  clerks  shall  cause  the  same  to  be  delivered 
to  the  different  boards  of  registry  and  election  in  their 
respective  counties  at  such  times  and  in  such  quantity  as 
v.nll  enable  the  provisions  of  this  act  to  be  fully  carried 
out;     *     *     H: 

62.  The  clerk  of  every  township,  city  and  other  munici- 
pality shall  provide  and  furnish  for  use  at  all  local,  mu- 
nicipal and  special  elections,  all  necessary  canvassing- 
books,  poll-books,  registry-books,  blanks  for  election  re- 
turns, and  all  other  blanks  and  supplies  necessary  for  the 
proper  carrying  into  effect  the  provisions  of  this  act;  and 
So  id  clerk  shall  cause  the  same  to  be  delivered  to  the  boards 
of  registry  and  election  in  each  election  district,  at  his 
office  at  such  times  as  will  enable  the  provisions  of  this 
act  to  be  fully  carried  out. 


Challengers. 


Agents    or 
challengers 
at  polls, 
by    whom 
appointed. 


63.  The  chairman  of  the  county  committee  of  any  po- 
litical party  that  has  duly  nominated  any  candidate  for 
public  office  to  be  voted  for  at  any  election  by  all  the 
voters  within  said  county  or  said  political  division  thereof 
greater  than  a  single  municipality,  or  where  the  election 
is  within  and  for  a  single  municipality  only,  or  any  sub- 
division thereof,  then  the  chairman  of  the  committee  of 
the  political  party  making  such  nomination  within  and  for 


41 

such  single  municipality,   or  such  division  thereof,  may 
appoint  two  agents  for  each  election  district  in  his  county  ^^^^"^^-^^ 
or  municipality,  as  the  case  may  be;  and  any  candidate  p.  lee.] 
duly  nominated  by  petition  for  any  office,  whose  name  may 
appear  upon  the  ballot  to  be  used  in  any  election,  may 
likewise  appoint  two  agents  for  each  district;  provided, 
however,  that  only  two  agents  shall  be  allowed  for  each 
election  district  to  represent  all  the  candidates  nominated 
in  and  by  the  same  petition  or  group  of  petitioners;  such   ^. 
agents  shall  be  the  authorized  agents  and  challengers  for  powers, 
tl  eir  respective  parties  and  candidates,  and  shall  be  at 
liberty  to  challenge  the  right  to  vote  therein  of  any  per- 
son claiming  such  right;  the  appointment  of  agents  shall  How 
be  made  in  writing  under  the  hand  of  the  person  making  ^"^^^ 
the  appointment,  and  shall  specify  the  names  and  resi- 
dences of  the  agents  and  the  election  districts  for  which 
they   are  severally   appointed;   such   appointment   papers 
shall  be  filed  with  the  county  board  of  elections,  five  days 
before  the  election,  who  shall  thereupon  issue,  under  their 
hands,  to  the  persons  named  in  such  appointment  papers,   Permits 
permits  for  them  to  act  as  agents  of  their  respective  par- 
ties or  candidates  at  the  election  district  specified;  such 
permits  shall  be  filed  by  the  persons  named  therein  with 
the  board  of  election  in  the  district  named  therein,  as  evi- 
dence of  their  authority  to  be  present  in  the  polling  place ; 
and  such  permits  may  be  issued  and  revoked  and  others 
issued  in  their  stead  at  any  time  up  to  and  including  the 
day  of  election;  provided,  however,  that  when  a  permit 
shall  be  revoked,  the  new  permit  in  the  place  thereof  shall 
be  issued  upon  the  nomination  of  the  same  person  or  officer 
upon  whose  nomination  the  original  permit  was  issued; 
said  agents  may  be  present  inside  the  railed  inclosure  while  Agents 

,       .  ,  .  t      »  present   when 

the  votes  cast  at  any  election  at  which  they  were  agents  votes  are 
are  being  counted,  and  hear  and  see  said  ballots  counted.       counted. 

Method  of  Conducting  Elections. 

64,  The  boards  of  registry  and  election  shall,  in  their  boards  to 
respective  election  districts,  hold  and  conduct  all  general,  eiTctkms.*" 


42 


Custody   of 
ballot-box 
keys  during 
election. 


Proclamation 
on    opening 
polls. 


Exhibition 
ballot-box. 


Poll-book    at 
election,    by 
whom    and 
how    kept. 
[  Supple- 
mented   by 
P.    L.    1911, 
p.    309.] 


Register, 
poll-book 
and  keys, 
where 
deposited. 


Who  may 
vote. 


municipal,  local  and  special  elections  to  be  held  through- 
out the  state. 

65.  At  the  opening  of  the  election,  each  of  the  keys  of 
the  locks  of  the  ballot-box  shall  be  taken  by  a  different 
member  of  the  board,  who  shall  keep  the  same  until  the 
statement  of  the  result  of  the  election  shall  be  made  and 
certified,  as  directed  by  this  act,  and  who  shall  not  during 
that  time  suffer  either  of  the  other  members  of  the  board, 
or  any  other  person,  on  any  pretense,  to  take  or  have  the 
same ;  and  in  all  cases  in  which  the  members  of  such  board 
are  directed  to  lock  the  ballot-box,  each  of  the  locks 
thereof  shall  be  locked  by  the  members  of  the  board  who 
shall  have  the  key  belonging  thereto,  as  directed  by  this  act. 

66.  The  boards  of  registry  and  election,  before  they  re- 
ceive any  vote,  shall  make  public  proclamation  of  the  open- 
ing of  the  election,  and  of  their  readiness  to  receive  the 
votes  of  the  voters;  immediately  before  proceeding  to  re- 
ceive the  votes,  such  board  shall,  in  an  open  and  public 
manner,  exhibit  the  ballot-box,  so  that  those  present  may 
see  that  there  is  nothing  contained  therein,  and  thereupon 
shut  and  lock  the  same,  leaving  open  the  aperture  in  the 
lid  thereof,  and  thereupon  the  election  shall  be  opened. 

dy.  One  of  the  members  of  the  board  acting  as  clerk 
of  election,  to  be  designated  by  the  judge,  shall  keep  at 
such  election  a  poll-book,  *  ^  *  such  clerk  shall  write 
a  heading  to  the  list  of  names  so  recorded  in  the  following 
or  like  form :  ''Names  of  voters  at  an  election  held  in  the 

district  of ,  in  the  county  of ,  on  the 

day  of ,  in  the  year  of  our  Lord  one  thousand 

hundred  and — — ^— ,  for "  (naming  the  of- 
fices to  be  filled),  and  filling  up  the  blanks. in  the  form 
above  given  to  conform  to  the  facts  of  the  case.  *  *  * 
After  the  canvass  of  the  votes  the  register  so  kept  and 
checked  shall  be  filed  by  him  with  the  clerk  of  the  county, 
and  the  poll-book  shall  be  deposited  in  the  ballot-box  as 
herein  required,  and  the  keys  of  each  ballot-box  deposited 
with  the  county  clerk. 

68.  Every  person  qualified  to  vote  in  any  election  shall 
at  any  time  after  the  opening  of  the  same,  except  during 


43 


any  period  for  which  the  board  of  election  shall  have 
adjourned,  be  at  liberty  to  claim  his  right  to  vote  therein 
in  such  district,  and  such  person  shall  claim  such  right  in 
person  before  such  board ;  and  on  such  claim  being  made, 
one  of  such  board  shall  audibly  and  publicly  announce 
the  name  of  the  claimant ;  and  the  ballot  of  such  claimant 
shall  remain  in  his  own  hand  until  such  board  shall  have 
decided  to  receive  the  same. 

69.  Every  person  possessing  the  qualifications  required 
by  the  constitution,  and  being  duly  registered  as  required 
by  this  act,  shall  be  entitled  to  vote  in  the  election  district 
in  which  he  actually  resides,  and  not  elsewhere,  (a) 

70.  No  person  who  shall  have  a  right  to  vote  at  :.ny 
election  shall  be  arrested  by  virtue  of  any  civil  process  oa 
the  day  on  which  such  election  shall  be  held. 

71.  No  person  shall  be  entitled  to  vote  who  shall  have 
been  convicted  of  any  crime  which  excludes  him  from  ihe 
right  of  suffrage  under  the  constitution  of  this  state,  viz.. 
blasphemy,  treason,  murder,  piracy,  arson,  rape,  sodomy, 
<'r  the  infamous  crime  against  nature  committed  with  man- 
k.md  or  with  beast,  polygamy,  robbery,  conspiracy,  forgery. 
Inrceny  of  above  the  value  of  six  dollars,  perjury  or  sub- 
ornation of  perjury,  unless  he  shall  have  been  pardoned  or 
rv  stored  by  law  to  the  right  of  suffrage ;  if  a  person  be 
challenged  as  convicted  of  any  of  the  above  named  crimes, 
he  shall  be  required  to  answer  in  relation  to  such  alleged 
conviction ;  and  if  he  shall  admit  that  he  has  been  so  con- 
victed, she  shall  not  be  permitted  to  vote  unless  he  shall 
make  oath  that  he  has  been  pardoned  or  restored  by  law 
to  the  right  of  suffrage;  but  if  he  shall  deny  that  he  has 
been  so  convicted,  no  proof  of  such  conviction  shall  be 
received,  other  than  the  duly  authenticated  record  thereof, 
except  such  proof  as  may  be  necessary  to  establish  his 
identity  with  the  person  named  in  such  record,  or  may  be 


Where  t» 
vote. 


Freedom 
from    arrest. 


Who  dis- 
qualified   l)T 
reason    of 
crime. 


Challenge 
for    crime. 


{(i\  This  soction  will  not  be  held  to  disfranchise  voters  who  vote 
:it  a  polling  place  selected  and  advertised  by  the  proper  officers  as  the 
polling  place  of  the  district  in  which  such  voters  reside,  notwith- 
<;tanding  the  place  so  selected,  but  at  which  the  election  is  otherwise 
lawfully  held,  is  outside  the  territorial  limits  of  the  election  district 
for  which  It  is  provided,  no  fraud  or  other  harm  bein&  snown.  Otis 
V.  Lane,  54  Atl.   Rep.  442. 


44 


Penalty   for 
convicted 
person 
voting. 

When 
members 
of    district 
board  shall 
challenge. 


Challenge  as 
an  alien. 


adduced  by  him  to  rebut  the  evidence  of  identity  produced 
on  behalf  of  the  challenge;  but  if  any  person  so  convicted 
shall  vote  at  any  such  election,  unless  he  shall  have  been 
pardoned  or  restored  by  law  to  the  right  of  suffrage,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  dollars,  or  imprisonment  at  hard  labor  not  ex- 
ceeding two  years,  or  both. 

'J2.  The  members  of  the  boards  of  registry  and  election, 
respectively,  shall,  at  such  election,  challenge  every  person 
who  shall  claim  to  have  a  right  to  vote  therein,  whom  they 
shall  know,  suspect  or  believe  not  to  be  qualified  or  entitled 
to  vote  therein. 

y^i'  If  any  person  shall  be  challenged,  as  not  qualified  or 
entitled  to  vote,  and  the  person  challenging  him  shall 
specify  a  ground  for  such  challenge  to  be  that  the  person 
so  challenged  is  an  alien,  the  judge  of  election  may  forth- 
with tender  to  him  an  oath  or  affirmation,  in  the  following 
form: 

"You  do  swear  (or  affirm,  as  the  case  may  be),  that  to 
the  best  of  your  knowledge,  information  and  belief,  you 
were  born  a  citizen  of  the  United  States,  and  that  you  do 
not  owe  allegiance  to  any  foreign  prince,  potentate,  state 
or  sovereignty;"  and  if  the  person  so  challenged  shall  re- 
fuse to  take  the  oath  or  affirmation  so  tendered  to  him, 
he  shall  be  deemed  and  taken  to  be  an  alien,  unless  he 
shall  produce  at  the  time  of  claiming  his  vote,  to  such 
board,  a  lawful  certificate,  issued  out  of  and  under  the 
seal  of  some  court  of  record,  having  authority  to  admit 
aliens  to  the  rights  of  a  citizen  of  the  United  States,  show- 
ing, in  case  the  person  producing  the  same  shall  claim  to 
be  the  person  named  therein,  that  he  has  been  admitted 
to  the  rights  of  a  citizen  of  the  United  States,  or,  in  case 
the  person  producing  the  same  shall  claim  to  have  derived 
the  rights  of  such  citizen  through  the  naturalization  of  his 
parent,  then  that  the  person  alleged  to  be  such  parent  has 
been  admitted  to  the  rights  of  such  citizen ;  and  in  the  for- 
mer case  the  said  judge  shall  tender  to  the  person  so 
challenged  an  oath  or  affirmation  in  the  following  form : 


45 


"You  do  swear  (or  affirm,  as  the  case  may  be),  that  you 
are  the  person  named  in  the  certificate  of  naturalization 
which  you  have  produced  to  the  board;"  and  in  the  latter 
case,  an  oath  or  affirmation,  in  the  following  form : 

"You  do  swear  (or  affirm,  as  the  case  may  be),  to  the 
best  of  your  knowledge,  information  and  belief,  that  the 
person  named  in  the  certificate  of  naturalization  which  you 
have  produced  to  this  board  was  your  parent,  and  that  you 
were  at  the  time  of  the  naturalization  of  your  parent  under 
the  age  of  twenty-one  years,  and  resident  of  the  United 
States;"  and  if  the  person  so  challenged  shall  in  either 
case,  refuse  to  take  the  oath  or  affirmation  so  tendered  to 
him,  he  shall  be  deemed  and  taken  to  be  an  alien. 

74.  If  any  person  shall  be  challenged,  as  not  quahfied  *■ 
entitled  to  vote,  the  said  judge  may  forthwith  tender  to 
the  person  so  challenged  an  oath  or  affirmation,  in  the 
following  form  : 

*'You  do  swear  (or  affirm,  as  the  case  may  be),  that  you 
are  a  citizen  of  the  United  States;  that  you  have  resided  in 
this  state  one  year,  and  in  this  county  five  months  next 
before  this  election,  and  not  elsewhere;  that  you  are  now 
a  resident  in  this  election  district ;  that,  as  far  as  you  know 
and  verily  believe,  you  are  twenty-one  years  of  age,  and  in 
all  respects  qualified  to  vote  in  this  election,  in  this  elec- 
tion district,  and  that  you  have  not  voted  elsewhere  in  this 
election;"  and  if  the  person  so  challenged  shall  refuse  to 
take  the  oath  or  affimifition  so  tendered  to  him,  he  shall 
•  be  deemed  not  to  be  qualified  or  entitled  to  vote. 

75.  The  board  of  registry  and  election  shall  in  no  case 
receive  the  vote  of  any  person,  unless  they  shall  be  satisfied 
that  such  person  is  in  all  respects  qualified  and  entitled 
to  vote ;  and,  for  the  purpose  of  satisfying  themselves  as  to 
the  right  of  any  person  who  shall  claim  a  right  to  vote, 
they  shall  have  power  to  examine  such  person,  and  any 
other  person  or  persons,  under  oath  or  affirmation,  touch- 
ing such  right,  except  as  hereinbefore  restricted;  and  if 
any  member  of  such  board  shall  receive,  or  assent  to 
receive,  the  vote  of  any  person  challenged,  without  requir- 
ing such  person  to  take  the  oath  or  affirmation  herein- 


Form    of 
oath. 


Challenge    as 
not    qualifled 
or   entitled 
to    vote. 


How    board 
may  satisfy 
themselves 
regarding 
one's   right 
to    vote. 


46 


Board  to 
question 
challenged 
person. 


Proceedings 
on   adjourn- 
ment   before 
close    of 
election. 


Polling- 
booths  ;    how 
constructed 
and 
furnished. 


before  prescribed  to  be  made  upon  such  challenge,  and 
such  person  shall  not  be  qualified  and  entitled  to  vote, 
such  member  so  receiving  or  assenting  to  receive  such 
vote  shall  be  deemed  and  taken  to  have  received  the  same 
knowing  it  to  be  illegal.  See  P.  L.  191 1,  p.  311,  sec.  49. 
See  paragraph  354,  post. 

76.  Upon  any  question  or  challenge  of  a  voter  duly  reg- 
istered it  shall  be  the  duty  of  the  board  of  registry  and 
election,  and  the  privilege  of  all  its  members,  to  put  all 
such  questions  as  are  proper  to  determine  the  right  of 
^uch  voter  to  vote;  and  the  question  as  to  the  admission 
of  this  vote  shall  be  put  in  the  following  form:  "Shall 
this  voter's  ballot  be  received  by  this  board?" 

yy.  Whenever,  before  the  close  of  the  election,  an  ad- 
journment shall  be  ordered  by  the  said  board,  they  shall 
state  in  the  poll-book,  immediately  after  the  last  name 
therein,  in  words,  written  at  full  length,  the  whole  num- 
ber of  the  names  of  the  voters  in  the  poll-book,  to  which 
the  members  of  such  board  shall  sign  their  names;  and 
shall  unlock  and  open  the  ballot-box,  place  and  secure  the 
bar  or  bolt  in  the  lid  thereof,  in  such  manner  as  to  prevent 
the  insertion  in  the  ballot-box  of  any  ballot  or  other  thing, 
place  therein  the  poll-book  and  shut  and  lock  the  same : 
and  when  the  period  of  adjournment  shall  have  expired, 
such  board  shall  unlock  and  open  the  ballot-box,  take 
therefrom  the  poll-book,  remove  such  bar  or  bolt,  so  as  to 
leave  open  the  aperture  in  the  Hd  thereof,  and  shut  and 
lock  the  same;  and  during  every  such  adjournment  the 
ballot-box  shall  remain  in  the  possession  and  under  the 
care  of  one  or  more  members  of  such  board,  to  be  ap- 
pointed by  such  board  for  that  purpose,  who  shall  keep 
the  same,  during  such  adjournment,  in  public  view. 

78.  The  clerks  of  the  several  townships,  cities  or  other 
nmnicipalities,  charged  with  the  duty  of  providing  in  each 
election  district  a  suitable  room  in  which  to  hold  the  elec- 
tion shall  have  constructed  therein  and  ready  for  use  before 
each  election  day,  booths  or  compartments  with  swinging 
doors,  so  arranged  that  some  part  of  the  person  of  the 
voters  standing  in  said  booths  may  be  seen  from  the  out- 


47 

side  of  the  booths  when  the  door  is  closed;  in  which  booths 
voters  shall  prepare  their  ballots  secretly  and  screened 
from  the  observation  of  others;  each  booth  shall  contain  a 
counter  or  shelf  suitably  placed  to  enable  voters  to  place 
their  ballots  thereon  while  preparing  the  same  for  voting; 
the  number  of  such  booths  shall  not  be  less  than  one  for 
every  one  hundred  votes  cast  at  the  next  preceding  gen- 
eral election  held  in  such  district,  and  not  less  than  two 
such  booths  shall  be  provided  in  any  polling  place;  said 
booths  shall  be  erected  within  a  railed  inclosure  separating 
the  same  from  the  remainder  of  the  room;  not  more  than 
one  person,  except  as  hereinafter  provided,  shall  be  per- 
mitted to  enter  or  be  in  the  same  booth  at  one  time;  the 
said  booths  shall  be  so  arranged  and  constructed  that  all 
the  officers  conducting  the  election  can  see  whether  more 
than  one  person  enters  or  is  in  any  booth  at  the  same  time ; 
each  booth  shall  be  kept  provided  by  said  election  board 
with  (a)  sufficient  *  *  *  lead  pencils;  the  ballot-  Location  of 
boxes  at  every  polling-place  shall  be  within  said  railed  in- 
closure, and  so  placed  that  the  voter  may  deliver  his  ballot 
to  the  election  officers  after  emerging  from  the  booth,  be- 
fore leaving  the  railed  inclosure  within  which  the  booths 
and  ballot-boxes  are  placed ;  such  railed  inclosure  shall  be 
provided  with  a  single  entrance,  by  which  the  voters  shall 
enter,  and  a  single  exit  by  which  they  shall  leave  the  same ; 
said  booths  shall  be  at  all  hours  well  and  sufficiently  lighted 
to  enable  voters  to  read  and  prepare  their  ballots  with  who  allowed 
ease ;  except  as  in  this  act  otherwise  provided,  no  person  j^cjosure. 
shall  be  allowed  within  said  railed  inclosure  while  the  elec- 
tion is  in  progress,  other  than  the  election  officers  and 
voters  entering  the  same  for  the  purpose  of  preparing 
their  ballots  and  voting  at  such  election ;  but  not  more 
than  two  of  such  voters  in  excess  of  the  total  number  of 
booths  shall  be  allowed  within  such  railed  inclosure  at  one 
time;  and  no  person  shall  be  allowed  or  permitted  to  be  i^n^pomn^^^*^ 
present  in  the  polline-room  outside  such  railed  inclosure   ^'^om  outside 

1      .  f  r    ,         1        .  .  fn  of    inclosure. 

during  the  progress  of  the  election,  except  the  officers  con- 
nected with  the  election,  the  several  candidates,  the  duly- 
authorized  agents  of,  the  candidates  of  political  parties. 


48  • 


Who    may 
vote   after 
hour    for 
closing   polls. 


such  voters  as  are  present  for  the  purpose  of  voting,  and 
such  officers  as  may  be  duly  detailed  to  be  present,  pur- 
suant to  this  act,  for  preserving  the  peace  or  enforcing  the 
provisions  hereof;  after  the  hour  fixed  for  closing  the 
polls  no  voter  shall  be  admitted  within  the  railed  inclosure, 
but  voters  already  within  such  inclosure  shall  be  per- 
mitted to  prepare  and  cast  their  ballots;  the  arrangement 
of  such  polling-place  shall,  as  to  said  railed  inclosure,  and 
the  entrance  thereto  and  exit  therefrom,  and  the  location 
of  the  booths  and  ballot-box  within  such  inclosure,  be  sub- 
stantially as  shown  in  and  by  Schedule  A,  and  forming  a 
part  hereof. 


SCHEDULE   A. 


Plan  for 
polling-room. 


Polling-room. 


Compartments. 


Entrance. 


Exit. 


Ballot-box. 


■      49 
8o.  Immediately  on  enterino:  said  railed  inclosure,  and   voter  sup- 

,  plied    with 

before  entering  any  booth,  each  voter  shall  be  furnished  by   one  ballot 
the  inspector  of  election,  to  be  stationed  in  close  proximity 
to  the  entrance  of  said  railed  inclosure,  with  one     *     *     * 
of  the  official  ballots  provided  for  said  election.     *     *     * 

8i.  Supplemented  by  P.  L.  191 1,  p.  321,  sec.  6^.     See 
paragraph  369,  post. 

82.  When  any  legal  voter  shall  apply  to  the  board  of   Proceedings 

JO  ...  .  when    voter  8 

registry  and  election  in  the  district  in  which  he  resides,   name  is 
and  shall  find  that  his  name  upon  the  registry  list  is  already   checked  off. 
cliecked  as  having  voted,  it  shall  be  lawful  for  the  board 
of  registry  and  election  to  receive  his  vote,  upon  due  proof 
to  them  that  he  is  a  lawful  voter  in  such  district  and  has 
not  voted  in  said  election. 

83.  The  boards  of  election  of  every  election  district  shall  of  peace  and 
preserve  the  peace  and  maintain  good  order  in  their  respec-  a^^he  ^poUs. 
tive  polling-places,  during  the  progress  of  all  elections  and 

the  counting  of  the  votes  cast  thereat,  and  to  that  end  each 
member  of  every  election  board,  during  the  progress  of  any 
election  and  the  counting  and  canvassing  of  the  votes,  shall 
be  and  hereby  is  invested  and  charged  with  all  the  powers 
and  duties  of  constables  of  this  state  in  criminal  matters; 
said  election  boards,  or  any  two  members  of  them,  may,  by 
writing  under  their  hands  whenever  in  their  opinion  it 
sliall  be  necessary  so  to  do,  request  the  municipal  authori- 
ties of  any  municipality  within  which  their  election  district 
is  situate,  or  the  body  or  officer  having  charge  and  direc- 
tion of  the  police  force  in  such  municipality,  to  detail  one 
or  more  policemen  to  assist  in  preserving  the  peace  and 
good  order  in  and  about  such  polling-place,  which  request 
shall  forthwith  be  complied  with  as  far  as  possible  by  the 
body  or  officer  to  whom  the  same  is  made. 

84.  No  member  of  any  board  of  registry  and  election  Members  of 
shall  be  elected  to  any  office  to  be  filled  at  the  election  in  eligible  to 
which  he  shall  serve;  and  if  any  such  member  shall  be  f^^^^ 
voted  for  in  any  such  election,  the  person  or  persons,  to  the 
number  to  be  elected  therein,  who  shall,  by  law,  be  qualified 

for  the  office  or  offices  to  be  filled  at  such  election,  for 
whom  the  greatest  number  of  votes  shall  have  been  given 


so 


therein,  other  than  such  member,  shall  be  deemed  and 
taken  to  be  elected,  and  the  votes  which  shall  be  given  to 
such  member  shall  be  .deemed  and  taken  to  be  null  and 
void. 

Local  or  Charter  Elections  in  Townships  and  Munici- 
palities Other  than  Cities. 


Act    to    applj' 
to  all  general 
and   city 
elections. 


Provisions 
as    to    local 
elections — 
townships, 
boroughs, 
etc. 

Booths  to  be 
provided. 


No  official 
ballots    re- 
quired, but 
furnished 
by    candi- 
dates. 


85.  The  provisions  of  this  act  relating  to  the  nomination 
of  candidates  and  the  use  of  official  ballots  *  *  »;= 
shall  apply  to  all  general  elections  throughout  this  state 
and  to  the  charter,  local  or  special  elections  in  all  of  the' 
cities  of  this  state,  but  shall  not  apply  to  any  township, 
local  or  municipal  election  in  any  township,  town  (o), 
borough  or  other  municipality  of  this  state;  but  every 
township,  local  or  municipal  election  in  any  township,  town, 
be  rough  or  municipality,  other  than  cities,  shall  be  held 
and  conducted  in  the  following  manner :  The  clerk  of 
every  such  township,  town,  borough  or  other  municipality 
shall,  before  election  day,  arrange  the  room  by  him  pro- 
vided for  such  election  with  booths,  and  railings,  in  all 
respects  as  is  required  in  and  by  this  act ;  the  ballots  to  be 
used  at  such  elections  shall  not  be  official,  but  shall  be  fur- 
nished or  provided  by  candidates  or  other  interested  par- 
ties; such  ballots  shall  be  printed  with  black  ink  on  plain 
white  paper,  after  the  manner  and  style  hereinbefore  pro- 
vided ;  it  shall  and  may  be  lawful  for  any  voter  at  such  elec- 
tion to  erase  from  his  ballot  any  name  or  names  thereon 
printed,  and  to  write  or  paste  thereon  the  name  or  names  of 
any  person  or  persons  for  whim  he  may  desire  to  rote  for 
any  office ;  the  ink  or  lead  pencil  to  be  used  in  writing  any 
name  or  names  upon  the  ballots  to  be  black  in  color,  and 
the  use  of  any  other  colored  ink  or  pencil  shall  invalidate 
the  entire  ballot ;  all  pasters  shall  be  printed  with  black  ink 
on  white  paper,  and  the  use  of  any  other  kind  or  style  of 


(a)  By  an  amendment  the  provisions  of  the  act  do  now  apply  to 
the  charter,  local,  municipal  and  special  elections  in  all  of  the  cities 
and  towns  of  this  state  and  in  all  other  municipalities  of  this  state 
having  a  population  of  more  than  8.000  inhabitants  according  to  tne 
last  state  or  federal  census.     See  sec.  234  post. 


51 


paster    shall    invalidate    the    entire    ballot;     *     *     *     it 
shall  be  lawful  for  any  candidate  or  other  person  at  any 
such  election  to  deliver  to  the  board  of  registry  and  elec- 
tion the  ballots  of  any  party  or  faction  having  candidates 
to  be  voted  for  at  such  election ;  which  ballots  so  supplied, 
the  board  of  registry  and  election  shall  receive  and  cause 
to  be  furnished  to  each  voter ;     *     *     *     if  on  the  face  or 
back  of  any  ballot     *     *     *     there  shall  be  any  mark,  sign, 
designation  or  device  whatsoever,  other  than  is  permitted   ^^"^^^^ 
by  this  act,  whereby  such  ballot     *     *     *     can  or  may  be  renders 
identified  or  distinguished  from  any  other  ballot     *     *     *   ' ' 
used  at  such  election,  the  ballot     *     *     *     shall  be  abso- 
lutely  void   and   not   counted   for   any   candidate   named 
thereon;  (a)  the  conduct  of  such  election,  the  manner  of  Ballots,   how 
voting,  and  of  counting  and  canvassing  the  votes  cast,  shall  ^^^ 
conform  in  all  respects  to  the  provisions  of  this  act  regu- 
lating the  general  election,  and  shall  be  subject  to  all  the 
restrictions,  conditions  and  penalties  applicable  thereto. 


Distlnguisb- 
ing    mark    on 

or 
envelope 


canvassed, 


Canvassing  the  Vote. 


86.  In  all  elections  held  pursuant  to  this  act  before  pro-   statement  m 

^  .  poll-box    at 

ceeding  to  estimate  and  canvass  the  votes  which  shall  have  close  of 
been  received  the  clerk  of  the  board  of  election  keeping  ^°  '°^ 
the  poll-book  shall  state  therein,  immediately  after  the  last 
name,  in  words  written  at  full  length,  the  whole  number  of 
the  names  of  the  voters  in  the  poll-book,  in  the  following 
or  like  form :  "The  whole  number  of  the  names  of  the  per- 
sons whose  votes  have  been  received  during  this  election 

is ,"  filling  up  the  blank  to  conform  to  the  fact ;  and 

the  members  of  such  board  shall  sign  their  names  thereto. 

87.  Such  board  shall  thereupon  unlock  and  open  the  Ballots,  bow 
ballot-box  ;=«=**  the  ballots  shall  then  be  taken 
singly  and  separately  therefrom  by  the  judge  of  election, 
*  *  *  and  while  each  ballot  shall  remain  in  his  hands, 
he  shall  audibly  and  publicly  read  the  same;  and  be- 
fore taking  another  ballot  from  the  box  shall  deliver  the 


counted   and 
strung. 


(fl)      For   authorities    as    to   what    ballots    shall    be    deemed    marked, 
&c.,  sc'  note   (a)    to  section  58  mnie. 


52 


Clerks    to 
keep    tally- 
sheet. 

Board  to  cast 
up    votes. 


Signing 
returns,    ex- 
amination 
of  tally- 
sheets,   and 
announce- 
ment   of 
result. 


ballot  Open  *  *  *  to  the  inspector,  to  be  examined 
and  numbered;  the  inspector  shall  take  and  examine  the 
same;  and  thereupon  if  he  shall  be  satisfied  that  the  same 
has  been  correctly  read,  write  on  the  back  thereof  the  num- 
ber of  such  ballot  from  one  onward,  in  the  order  in  which 
the  same  shall  have  been  taken  from  the  box;  *  *  * 
the  inspector  shall  string  the  *  *  *  ballot  as  one  ticket 
in  the  order  in  which  the  same  shall  be  taken  from  the  box 
and  numbered,  by  means  of  a  needle  and  twine  to  be  pro- 
vided for  that  purpose. 

8S.  The  clerks  of  such  board,  under  the  inspection  and 
direction  of  such  board,  shall  each  make  a  list  of  the 
names  of  all  persons  for  whom  one  or  more  votes  shall 
have  been  given,  designating  the  office  which  such  person 
shall  be  voted  for;  and  as  each  ballot  shall  be  read  he  shall 
write  the  figure  "i"  opposite  the  name  of  each  person 
whose  name  shall  be  contained  therein,  as  designated  for 
any  office;  when  all  the  votes  which  shall  have  been  re- 
ceived shall  have  been  read,  examined,  numbered  and 
strung,  as  above  directed,  such  board  shall  carefully  and 
truly  cast  up  the  votes  given  for  each  person  for  any  office 
to  be  filled  at  such  election. 

89.  No  member  of  any  board  of  registry  and  election 
shall  sign  any  returns  of  election  until  after  the  comple- 
tion of  the  counting  of  votes,  and  his  personal  examina- 
tion of  the  tally-sheets  to  determine  the  results ;  the  count- 
ing of  the  votes  shall  commence  immediately  upon  the 
closing  of  the  polls  on  the  day  of  election ;  the  board  shall 
proceed  to  read  and  count  the  votes  received,  and  shall 
complete  the  same  without  delay  and  without  adjourn- 
ment, and  after  completing  the  same  shall  audibly  and 
publicly  announce  the  result  thereof,  particularly  specify- 
ing the  whole  number  of  the  voters  in  the  poll-book,  the 
name  of  each  person  for  whom  any  vote  shall  have  been 
given  for  any  office  to  be  filled  by  such  election,  and  the 
number  of  votes  given  for  each  person  for  the  office  des- 
ignated for  him  by  said  votes ;  the  counting  of  all  ballots 
at  any  election  shall  be  open  and  public,  but  not  to  the 
extent  that  the  number  present  shall  hinder,  delay  or  in- 


53 

cunvenience  the   election  officers   in   counting  the  ballots 
and  ascertaining  the  result. 

90.  The  decision  of  a  majority  of  the  board  of  registry  Majority  to 
md  election  on  any  question  shall  be  deemed  and  taken  to  q^gsttons. 
iif?  the  decision  of  such  board,  and  final;  and  if  any  mem- 
ber, of  such  board  shall  dissent  from  any  decision  of  the 

.'tme,  and  shall  desire  to  protect  himself  from  the  conse-  ^^''^^^^"^^ 
cjuences  which  may  result  from  such  decision,  it  shall  be 
lawful  for  such  member  to  record  his  dissent,  in  cases 
1  elating  to  registration,  in  the  register,  and  in  all  other 
cases,  in  the  poll-book  of  such  election,  signing  his  name 
to  such  record  with  his  own  hand,  and  unless  he  shall  do 
sc,  he  shall  be  deemed  and  taken  to  have  assented  to  the 
i^ecision  so  made. 

91.  If,  in  canvassing  and  estimating  the  votes,  the  num-  ^vhat  bauots 
her  of  ballots  shall  be  found  to  exceed  the  number  of  the  ^^«"y  ^°^^ 
names  of  the  voters  in  the  poll-book,  then  the  ballots  which 

shall  remain  in  the  box,  after  canvassing  and  estimating 
as  many  ballots  as  there  are  such  names,  shall  be  deemed 
and  taken  to  be  null  and  of  no  effect;  *  *  *  if  any 
ballot  shall  be  wholly  blank,  then  and  in  every  such  case 
such  ballots  shall  be  deemed  and  taken  to  be  null  and  of  no  . 
effect;  and  in  every  case  in  which  a  ballot  shall  be  de- 
clared null  and  of  no  effect,  the  same  shall  not  be  can- 
vassed, estimated  or  numbered,*  *  *  *  and  the  said 
*  "  *  ballot  shall  then  be  strung  in  the  same  manner 
in  which  the  other  *  *  *  ballots  are  directed  to  be 
strung,  but  on  a  different  twine.  See  P.  L.,  p.  321,  sec. 
62.     See  paragraph  367,  post. 

92.  If,  in  canvassing  and  estimating  the  votes,  any  ballot  j^^g^^  ballots 
or  ballots  shall  be  found  to  contain  more  names  for  any   partially 
office  than  there  are  persons  to  be  elected  to  fill  such  office, 

then  in  every  such  case  the  ballot  or  ballots  shall  be 
deemed  and  taken  to  be  null  and  of  no  effect,  so  far  as 
respects  the  office  for  which  there  are  more  names  than 
there  are  persons  to  be  elected  to  fill  such  office,  and  no 
further. 

93.  At  every  election  the  person  or  persons,  to  the  num-  ^^©f* votes, 
her  to  be  elected  therein,  who  shall  by  law  be  qualified  for   f^fficient 

■^  ^  t©   elect. 


54 


Equal   vote 
renders 
office 
vacant. 


the  office  or  offices  to  be  filled  at  such  election,  and  for 
whom  the  greatest  number  of  votes  shall  have  been  given 
therein  for  such  office  or  offices,  shall  be  deemed  and  taken 
to  be  elected  to  such  office  or  offices ;  and  whenever  an 
equal  number  of  votes  shall  have  been  given  to  two  or 
more  persons  to  fill  any  office  for  which  they  shall  by  law 
be  qualified,  the  said  office  shall  be  deemed  and  taken  to 
be  vacant. 


Statement  of  Result  of  Election. 


Detennina- 
tion    of 
result  of 
election, 
f  Amended, 
P.    L.    1905, 
p.    507.] 


Returns 
canvassed 
next    day. 


Proviso. 


Huplicate 
statements  of 
result    to    be 
made  in  state 
and    count.v 
electtons. 


94.  In  every  township  or  municipality  (other  than 
cities)  containing  but  one  election  district,  the  members  of 
the  district  board  of  election  conducting  any  township, 
local  or  charter  election  therein  shall,  upon  the  close  of 
the  election,  ascertain  and  determine  what  officers  have 
been  elected,  sums  of  money  voted,  or  propositions  adopted, 
and  the  result  of  the  election  in  all  other  particulars ;  in 
every  township  or  municipality  containing  more  than  one 
election  district  the  members  of  the  district  boards  of 
election  conducting  any  such  election  shall  meet  on  the 
day  after  holding  the  same,  at  the  hour  of  two  o'clock  in 
the  afternoon,  at  the  polling  place  in  the  district  in  which 
the  township  or  municipal  clerk  may  reside,  and  when  so 
met  shall  ascertain  and  determine  in  like  manner  the  result 
of  said  election  in  said  township  or  municipality ;  provided, 
that  when  such  township  or  •  municipality  contains  more 
than  two  election  districts,  two  members  only  from  the 
board  of  election  of  each  district,  to  be  designated  by  the 
board,  shall  meet  in  like  manner  and  ascertain  the  result 
of  said  election  as  above  provided ;  such  determination 
shall  be  written  out  and  signed  by  the  election  officers 
making  the  same,  and  forthwith  delivered  to  and  filed  by 
the  township  or  municipal  clerk. 

95.  In  all  elections  which  shall  ])e  held  for  state  and 
county  officers,  the  board  'of  registry  and  election  shall 
make  duplicate  statements  of  the  result  thereof,  and  cer- 
tificates to  the  same,  in  the  following  or  like  form : 


55 


Form  of  Statement. 


A  statement  of  the  result  of  an  election  held  in  the  Form  of 

.  ,        statement. 

election     district    of    the of m    the 


-,  on  the 


day  of  November,  in  the 


county  of  — 

year  of  our  Lord  one  thousand  eight  hundred  and , 

for  a  member  of  the  senate,  members  of  the  general  assem- 
bly, a  sheriff  and  three  coroners,  for  said  county;  (or  as 
the  case  may  be.) 

The   whole   number  of   names   on   the   register   list  of  p°^L°^i9i2, 
signature  copy  book  is . 

The  whole  number  of  names  on  the  poll-book  is 

The  whole  number  of  ballots  rejected  is  — . 

For  members  of  the  senate. 


p.    637. 


received 

votes 

received 

votes 

For  members 

of  the  general  assembly, 

received 

votes 

received 

votes 

For  sheriff. 

received 

votes 

received 

votes 

For  coroners. 

received 

votes 

received 

votes 

We  do  certify  that  the  foregoing  is  a  true,  full  and  cor- 
rect statement  of  the  result  of  the  election  above  mentioned, 
and  that  the  same  exhibits  the  whole  number  of  the  names 
on  the  poll-book  and  of  the  ballots  rejected,  the  name  of 
each  person  for  whom  any  vote  or  votes  were  given  for 
any  office  designated  for  him  in  "such  vote  or  votes,  and 
the  number  of  votes  given  for  each  person  for  the  office 
or  offices  as  designated  for  him. 

In   witness   whereof,   we   have    hereunto    set   our   hands, 

this day  of  November,  in  the  year  of  our  Lord 

one  thousand  nine  hundred  and 


56 


Board  of  Registry 
and  Election y 


Form   of 
statements 
in   other 
elections. 


Statements 
of   result   to 
be   filed    with 
proper 
officers. 
Amended, 
P.    L.    1911, 
p.    723. 


Making  under  each  head  a  Hst  of  the  names  of  all  the  per- 
sons for  whom  any  vote  or  votes  were  given  for  the  office 
or  offices  designated  therein;  and  stating  opposite  to  the 
same,  in  words  written  at  full  length,  the  number  of  votes 
given  for  each  person  for  such  office  or  offices,  and  filling 
up  all  other  blanks  in  the  form  above  given  to  conform  to 
the  facts  of  the  case;  and  in  every  other  election,  the 
board  of  registry  and  election  shall  make  statements  of 
the  result  -thereof,  and  certificates  to  the  same,  in  a  form 
similar  to  that  above  given,  as  far  as  the  nature  of  such 
election  will  admit. 

96.  The  judge  of  election,  or  such  one  of  their  number 
as  the  board  of  registry  and  election  shall  designate,  shall, 
within  two  days  next  after  election,  personally  deliver  or 
safely  transmit  one  of  said  statements  of  the  result  of 
such  election  to  the  clerk  of  the  county,  who  shall  forth- 
with file  the  same ;  and  whenever  an  election  shall  be  held 
for  senator,  members  of  assembly  or  for  any  county, 
township,  city  or  other  municipal  officers,  such  judge  or 
member  designated  shall,  at  the  same  time  and  with  the 
ballot-boxes,  as  hereinafter  provided,  personally  deliver  or 
safely  transmit  the  other  of  said  statements  to  the  clerk 
of  the  township,  city  or  municipality  wherein  such  election 
is  held,  who  shall  forthwith  file  the  same;  but  whenever 
an  election  shall  be  held  for  member  of  the  house  of  repre- 
sentatives or  for  electors  of  president  and  vice-president, 
or  for  governor,  separate  statements  of  the  result  of  such 
election  for  representative,  electors  or  governor  shall  be 
made  and  certified  by  said  board,  and  such  judge  or  mem- 
ber so  designated  shall  within  two  days  next  after  such 
election  personallv  deliver  or  safely  transmit  one  of  said 
statements  to  tj:j  clerk  of  the  county,  and  shall  inclose, 
seal  up  and  transmit  the  other  statement  to  the  secretary 
of  state  by  mail,  directing  the  same  in  the  following  man- 


57 


ner:  "To  the  secretary  of  state  of  New  Jersey,  Trenton, 
New  Jersey,"  and  the  secretary  of  state  on  receiving  such 
statement  shall  forthwith  file  the  same  in  his  office. 

97.  If  any  member  of  a  board  of  registry  and  election 
who  shall  have  been  appointed  by  such  board  to  deliver  or 
tiansmit  the  statement  of  the  result  of  such  election  shall 
neglect  or  fail  to  deliver  or  safely  transmit  the  same 
within  the  time  herein  required,  such  member  shall  forfeit 
and  pay  to  the  county  collector  of  such  county,  for  the 
use  of  the  county,  the  sum  of  one  hundred  dollars,  to  be 
sued  for  and  recovered  by  such  collector,  with  costs,  in 
any  court  of  competent  jurisdiction ;  and  it  shall  be  the 
duty  of  the  clerk  of  the  county  to  certify  to  the  county^ 
collector  the  names  of  all  members  so  failing  to  deliver  or 
transmit  such  statement;  and  the  said  county  collector 
shall  forthwith  institute  proceedings  '  to  recover  said 
penalty. 

98.  If  any  election  officer  shall  fail  to  deliver  or  trans- 
mit the  statements  of  the  result  of  any  election  to  the  per- 
son or  place,  and  within  the  time  herein  required,  any 
member  of  the  county  board  of  elections  may  apply  to  any 
justice  of  the  supreme  court  for  an  order  to  compel  the 
immediate  delivery  of  said  statements,  and  the  said  justice, 
upon  presentation  of  the  facts  which  satisfy  him  that  the 
said  election  officer  has  failed  to  deliver  or  transmit  the 
same  as  herein  required,  may  make  an  order  requiring  the 
immediate  delivery  thereof  by  said  officer,  and  in  case  of 
failure  on  the  part  of  said  officer  to  produce  the  same 
within  twenty-four  hours  after  being  serv^ed  with  such 
order,  the  said  officer  shall  be  deemed  and  considered  in 
contempt  of  court,  and  shall  be  punished  accordingly. 


Penalty    for 
failure   to 
transmit  or 
deliver 
statement. 


Delivery  of 
statement 
may   be 
ordered    by- 
justice   of 
the    supreme 
court. 


Disposal  of  Ballot-Boxes. 


99.  As  soon  as  the  election  shall  be  finished,  all  ballots   Ballots,  poii- 
which  have  been  cast,  whether  the  same  have  been  esti-   pTac^^n" 
mated  and  canvassed  or  rejected  for  any  cause,  the  poll-   ^'^"«*-^«^- 
list  and  tally-papers     *     *     *     shall  be  carefully  collected 
and  deposited  in  the  ballot-box ;  and  such  ballot-box,  after 


58 


Dispositiou       being  locked  and  bound  with  tape  and  sealed,  shall,  in  all 

of    ballot-  .  .   ^  .        ,  .  ,       .  ,.      ^  ,  .         ;  '  , 

boxes  in  cities  in  this  state,  be  immediately  taken  in  charge  by  the 

^'*'^^-  two  clerks  of  election,  and  by  them  forthwith  carried  to 

the  office  of  the  city  clerk  of  the  city  in  which  such  elec- 
tion may  be  held,  by  the  most  direct  route,  and  without 
delay,  and  said  clerks  shall  not  stop  at  any  place  between 
the  polls  and  the  city  clerk's  office;  the  clerk  of  such  city 
shall  attend  at  his  said  office  on  election  day,  or  appoint 
one  of  the  clerks  in  his  office  to  act  for  him,  and  keep  his 
office  open  from  the  time  the  polls  shall  be  closed  until 
all  the  ballot-boxes  used  at  the  various  polls  in  said  city 
at  such  election  shall  have  been  delivered  at  his  office ; 
^  the  clerk  of  such  city  or  his  subordinate  whom  he  may 
have  appointed  to  act  in  his  stead  shall  enter  in  a  book  to 
be  kept  for  that  purpose,  the  exact  time  when  each  ballot- 
box  may  be  delivered  at  said  office,  the  district  whence  it 
was  brought,  names  of  the  clerks  delivering  it,  and  the 
name  of  the  police  officer  or  other  witness  who  may  ac- 
company them,  and  such  other  particulars  as  he  may  deem 
important;  said  book  shall  be  filed  in  the  office  of  the  city 
clerk ;  in  all  townships  and  municipalities  other  than  cities, 
such  ballot-box  shall  remain  in  the  township  or  other 
municipality,  under  the  care  and  in  the  custody  of  the 
clerk  thereof,  to  whom  it  shall  be  forthwith  delivered  by 
the  clerks  of  election  in  the  manner  above  directed. 

See  paragraph  366,  post,  for  disposition  of  unused  bal- 
lots and  coupons. 

100.  Every  city,  township  or  other  municipal  clerk  to 
of  boxes  and  v.hom  said  ballot-boxes  shall  be  delivered,  shall  thereupon 
keep  the  same,  with  th^ir  contents,  but  shall  not  have  the 
keys  thereof  in  his  possession  until  required  for  the  next 
ensuing  election,  and  shall  not  open  or  permit  to  be  taken 
or  opened  any  ballot-box  deposited  as  aforesaid  for  the 
space  of  three  months  after  the  same  has  been  so  deposited, 
except  when  he  shall  be  called  upon  by  some  court  or 
ether  tribunal  authorized  to  try  the  merits  of  such  election, 
or  to  take  testimony  regarding  the  same;  and  after  such 
trial  or  investigation,  it  shall  be  the  duty  of  the  clerk  to 
have  said  box  or  boxes  returned  to  his  custody ;  provided. 


Disposition 
in   town- 
ships,   etc. 


Preservation 


59 

that  when  any  election  is  required  to  be  held  for  any 
purpose  within  the  time  that  said  ballot-boxes  are  required 
to  remain  in  the  custody  of  said  clerk,  it  shall  be  lawful 
for  the  judge  of  the  circuit  court  of  the  county,  upon  appli- 
cation of  the  city  council,  township  committee  or  govern- 
ing body  of  any  municipality,  to  direct  the  contents  thereof 
to  be  removed  and  carefully  preserved,  and  the  said  ballot- 
boxes  to  be  used  at  such  election. 

TOi.  Any  person  who  shall  willfully  obstruct  or  interfere    Penalty  for 
with  the  clerk  or  clerks  on  the  way  from  the  polls  to  the    J^^^  derls 
office  of  the  city  clerk,  shall  be  guilty  of  a  misdemeanor.   J^^*°f^  ^^^ 
and  upon  conviction  thereof  shall  be  punished  by  fine  not    clerk's 
exceeding   five   hundred   dollars,   or  by  imprisonment  at 
hard  labor  for  anv  term  not  exceedins^  two  vears.  or  both. 


Board  of  County  Canvassers. 


102.  For  all  general  and  special  elections  in  this  state, 
and  for  all  local  or  municipal  elections  in  the  several  cities 
of  this  state,  the  county  board  of  elections  in  each  county 
shall  hereafter  be  and  act  as  a  board  of  county  canvassers ; 
the  clerk  of  the  county  shall  be  the  clerk  of  the  said  board. 

103.  Such  board  shall  meet  on  the  ^londay  next  after 
any  such  election,  at  twelve  o'clock  noon,  at  the  court 
house  of  such  county,  at  w^hich  tim^  and  place  the  clerk  of 
such  county  shall  attend  and  bring  with  him  the  statements 
of  the  result  of  such  election  which  have  been  filed  in  his 
oflice. 

104.  If  the  clerk  of  such  county  shall  be  absent  at  such 
meeting,  at  the  time  appointed  therefor,  the  board  shall 
forthwith  proceed  to  appoint  a  fit  person  to  be  the  clerk 
of  such  board,  who  shall  obtain  such  statements  from  the 
office  of  said  clerk,  and  before  proceeding  to  canvass  and 
estimate  the  votes  the  chairman  of  the  board  shall  admin- 
ister to  the  clerk  thereof,  and  the  clerk  thereof  shall  take 
an  oath  or  affirmation  in  the  following  form : 

"You  do  swear  (or  affirm,  as  the  case  may  be)  that  you 
v.ill  faithfully  execute  the  duties  of  clerk  of  this  board 
according  to  law." 


ISoard    of 
county 
c-anvassers. 
who    to    be. 


Time  of 
meeting. 
[A  mended. 
P.    L.    1903, 
p.    701.] 


Appointment 
of    clerk    if 
county   clerk 
be  absent. 


Oath    of 
clerk. 


6o 


When  board 
may    adjourn 


Proceedings 
to    obtain 
missing 
statements. 


Protection 
of   state- 
ments 
during 
adjournment. 


Board    to 
canvass 
votes   and 
make   two 
statements 
of  result. 


^105.  If  on  the  day  appointed  for  the  meeting  of  such 
board,  a  major  part  of  such  board  shall  not  attend  at  the 
court  house  of  such  county  at  the  hour  of  twelve  o'clock, 
noon,  or  if  at  that  time  the  statements  of  the  result  of 
such  election  from  every  election  district  in  such  county 
shall  not  be  produced,  the  members  of  the  board  then 
present  shall  adjourn  to  some  convenient  hour  on  the  next 
diiy;  and  at  the  hour  to  which  such  adjournment  shall  have 
been  ordered,  the  member  or  members  then  present  may 
proceed  as  hereinafter  directed,  or  may  again  adjourn  for 
a  period  not  exceeding  three  days,  at  which  time  the  mem- 
ber or  members  then  present  shall  proceed  as  hereinafte? 
directed. 

106.  If  at  the  time  fixed  for  the  meeting  of  such  board 
the  statements  from  every  election  district  have  not  been 
filed  with  the  clerk  of  the  county,  then  such  clerk  shall 
forthwith,  by  a  special  messenger  or  otherwise,  at  the  ex- 
pense of  such  county,  obtain  such  statement  or  statements 
as  shall  be  lacking,  in  time  to  be  produced  to  such  board 
at  their  next  meeting,  and  for  this  purpose  either  the 
statements  directed  to  be  filed  with  the  county  clerk  or  the 
statements  directed  to  be  filed  with  the  clerk  of  any  town- 
ship, city  or  municipality  wherein  such  election  was  held, 
or  a  copy  certified  by  the  secretary  of  state,  of  the  state- 
ments transmitted  to  him,  shall  be  sufficient ;  and  the  clerk 
of  such  board  shall  lay  before  such  board,  at  their  subse- 
quent meeting,  all  such  statements  and  certified  copies  as 
lie  shall  have  obtained  as  above  directed. 

107.  Whenever  any  board  of  county  canvassers  shall 
find  it  necessary  to  adjourn,  as  herein  provided,  all  state- 
ments of  the  result  of  an  election  which  shall  have  been 
delivered  to  such  board,  or  to  any  member  thereof,  shall, 
in  the  presence  of  such  board,  and  before  it  shall  adjourn, 
be  securely  inclosed  and  sealed  and  delivered  to  the  county 
clerk  for  safe-keeping  until  the  next  meeting  of  such 
board. 

108.  The  members  of  said  county  board  of  canvassers 
shall  proceed  to  examine  the  statements  and  copies  of 
statements  which  shall  be  produced  before  them  and  shall 


6i 

canvass  and  determine  the  votes  cast  at  such  election ;  and 
shall  forthwith  make  two  statements  of  the  result  of  such 
election;  each  of  which  statements  shall  contain  the  name 
of  each  election  district,  the  number  of  names  of  the 
voters  on  the  poll-books  of  each  election  district,  and  of 
the  ballots  rejected,  and  the  whole  number  of  such  names 
and  rejected  ballots  in  all  of  said  election  districts;  the 
number  of  votes  given  in  each  election  district  for  each 
person  for  whom  any  vote  or  votes  shall  have  been  given 
for  any  office  to  be  filled  by  such  election,  mentioning  the 
office  for  which  each  person  shall  have  been  designated 
and  the  name  of  such  person  (which  numbers  of  names 
and  numbers  of  votes  given,  and  of  ballots  rejected,  may 
be  in  figures),  and  the  whole  number  of  votes  which  shall 
have  been  given  for  each  person  for  any  such  office,  men- 
tioning the  office  for  which  each  person  shall  have  been 
designated,  and  the  name  of  such  person  (which  numbers 
of  votes  and  the  names  of  persons  and  election  districts 
shall  be  in  words,  written  at  full  length),  and  each  of  such 
statements  shall  be  certified  to  be  true  and  correct  by  a  to  be 
certificate  which  shall  be  appended  to  the  same,  signed  by  ^^''^'^^ 
the  members  of  such  board  making  such  canvass. 

109.  The  statement  and  certificate  shall  be  in  the  fol- 
lowing, or  like  form : 

*'A  statement  of  the  result  of  an  election  held  in  the  Form  of 

c(amty  of ,  on  the day  of  November,  in  the  ^^*^^^^** 

year  of  our  Lord  one  thousand hundred  and ,   ^^"^^^lli^, 

tc  elect  a  member  of  the  senate,  members  of  the  general   p-  ^39.] 
assembly,  a  sheriflf  and  coroners  of  said  county  [naming 
the  officers  as  the  case  may  be],  made  by  the  board  of 
county  canvassers  of  said  countv : 


62 


Form    of 
certificate 
appended    to 
statement. 


^ 

a 

m 
a 

o 
> 

II 

Names    of    persons   voted    for    and 
the   offices    designated    for    each. 

Names  of  election  districts 
and  the  number  of  vote? 
given  for  each  person  in 
each   district. 

o 
§1 

3 

2  "^ 

Kj 

5 

Tor    meml>er    of    senate- 

For    member    of    assemblj' 



For    coroners ... 

Whole  number  of  names  on  the.. 

Registry    List    or    Signature.  .  .  . 

Copy    Booli     

Number  of  names  on  the  poll-booli 

of    each    district 

Number   of   ballots    rejected 

I  do  hereby  certify  that  the  foregoing  is  a  true,  full  and 
correct  statement  of  the  result  of  the  election  above  men- 
tioned, as  the  same  is  exhibited  by  the  statements  produced 
and  laid  before  the  board  of  county  canvassers  according 
to  law,  and  that  the  same  exhibits  the  number  of  the  names 
ot  the  voters  in  the  poll-books  of  the  election  districts, 
respectively,  and  of  the  ballots  rejected,- the  whole  number 
o/  the  names  of  the  voters  in  the  poll-books  of  the  several 
election  districts,  the  name  of  each  person  for  whom  any 
vote  or  votes  were  given,  the  number  of  votes  given  for 
each  person  in  each  election  district,  and  the  whole  num- 
ber of  votes  given  for  each  person  for  each  ofifice  desig- 
nated for  him,  as  they  appear  by  the  statements  so  pro- 
duced and  laid  before  the  said  board.  In  witness  whereof. 
I  have  hereunto  set  my  hand,  this  — day  of .. 


in  the  year  of  our  Lord  one  thousand 


hundred  and 


Disposition 

of 

statements. 


Chairman  of  the  board  of  canvassers. 
Attest :  ,  Clerk." 

And  the  blanks  in  the  form  above  given  shall  be  filled  up 

to  conform  to  the  facts  of  the  case. 

no.  Such  board  shall  deliver  one  of  the  said  statements 

to  the  clerk  of  the  county,  who  shall   fort-hwith  file  the 


Board   to 
determine 


63 

same ;  and  in  case  of  an  election  held  for  members  of  the 
house  of  representatives,  or  for  electors  of  president  and 
vice-president,  or  for  governor,  or  for  senator,  members 
of  assembly,  or  for  any  county  officers,  the  chairman  of 
such  board  shall  inclose  and  seal  up  the  other  statement 
and  deliver  or  safely  transmit  the  same  so  inclosed  and 
sealed  up,  to  the  secretary  of  state  at  Trenton,  so  that  he 
shall  receive  the  same  within  three  days  next  after  the 
meeting  of  such  board ;  and  the  secretary  .of  state  shall 
forthwith  file  the  same ;  and  in  case  of  any  municipal  elec- 
tion in  any  city  of  this  state  the  chairman  of  such  board 
shall  forthwith  deliver  or  safely  transmit  such  other  state- 
ment to  the  clerk  of  such  city,  who  shall  file  the  same. 

111.  The  board  of  county  canvassers,  in  case  of  an  elec- 
tion for  a  member  of  the  senate,  members  of  the  general   who  are 
assembly,  or  for  any  county  or  city  officer  or  officers,  shall  legislators, 
proceed  to  determine  the  person  or  persons  who  shall,  by  ci^/J^officers 
the  greatest  number  of  votes,  have  been  duly  elected  to 

the  office  or  offices  for  which  he  or  they  shall  have  been 
designated;  and  thereupon  such  board  shall  make  a  state- 
ment of  their  determination,  certified  to  be  true  and  correct, 
by  a  certificate  appended  to  the  same,  and  signed  by  the 
chairman  of  such  board,  in  the  presence  of  the  clerk  of 
such  board;  and  the  clerk  of  such  board  shall  attest  the 
signing  of  the  same  by  such  chairman,  by  signing  his  name 
thereto;  and  the  statement  of  such  determination,  and  the 
certificate  thereto,  shall  be  annexed  to  the  statement  of 
the  result  of  the  election,  and  shall  be  delivered  therewith 
to  the  clerk  of  the  county  and  filed  in  his  office;  in  case 
of  any  election  for  any  city  officer  or  officers,  another  copy 
01  such  determination,  as  to  such  officer  or  officers,  shall 
be  made,  signed  and  attested  in  manner  aforesaid  and 
forthwith  filed  with  the  clerk  of  such  city. 

112.  The  statement  of  the  determination  of  such  board   statement  0 
shall  be  in  the  following  or  like  form :  ^ion."™'"^' 

"A  statement  of  the  determination  of  the  board  of  county 
canvassers  relative  to  an  election  held  in  the  county  of 

on  the day  of  November,  in  the  year  of  our 

Lx)rd  one   thousand hundred   and ,   for   the 


64 


Form  of 
statement    In 
special 
elections. 


In   certain 
cases  board 
to   make 
statement 
and    de- 
termination. 

In    other 
cases  to  make 
statement 
only. 


County 
clerk    to 
deliver 
certified 
copies   of   de- 
termination 
to   persons 
elected. 


election  of  a  member  of  the  senate,  members  of  the  gen- 
eral assembly  of  this  state,  and  a  sheriff  and  coroners  for 
said  county  (naming  the  officers,  as  the  case  may  be). 

The  said  board  do  determine  that  at  the  said  election, 

was  duly  elected  a  member  of  the  senate  of  this 

state ; were  duly  elected  members  of   the  general 

assembly ; was  duly  elected  sheriff,  and were 

duly  elected  coroners  for  said  county  (as  the  case  may  be). 

1  do  certify  that  the  foregoing  is  a  true,  full  and  correct 
statement  of  the  determination  of  the  board  of  canvassers 
therein  mentioned. 
In   witness  whereof   I   have  hereunto  set  my  hand  this 

day  of  November,  in  the  year  of  our  Lord  one 

thousand hundred  and . 

Chairman  of  the  board  of  canvassers. 

Attest:  ,  Clerk." 

And  in  case  of  a  special  election  to  fill  a  vacancy  or 
vacancies,  the  statement  of  the  determination  of  such 
board,  and  the  certificate  thereof,  shall  be  in  a  form  sim- 
ilar to  that  above  given,  as  far  as  the  nature  of  the  case 
will  admit. 

113.  The  board  of  county  canvassers  in  the  case  of  an 
election  for  a  member  of  the  senate,  members  of  the  gen- 
eral assembly,  county  or  municipal  officers,  or  any  of 
them,  shall  make  a  statement  of  the  result  thereof,  and 
their  determination  as  to  the  person  or  persons  who  shall 
be  elected  therein;  and  in  all  other  cases  shall  make  only 
a  statement  of  the  result  of  the  election  in  such  county 
upon  the  statements  and  copies  of  statements  which  shall 
be  produced  and  laid  before  the  board,  as  directed  in  this 
act. 

1 14.  The  clerk  of  such  county,  in  the  case  of  an  election 
for  senator,  members  of  the  assembly,  or  any  county  officer, 
shall  make  as  many  copies  of  the  statement  of  the  deter- 
mination of  such  board,  and  the  certificate  appended 
tl.ereto,  as  may  be  necessary,  and  shall  certify  such  copies 
to  be  true,  full  and  correct,  by  a  certificate  appended  to 
each  of  them,  and  shall  sign  his  name  thereto,  and  affix 
thereto  the  seal  of  the  county,  and  shall  without  delay 


6s 

deliver  one  of  the  same  to  each  person  who  shall  be  so 
elected  and  shall  inclose,  seal  up  and  transmit  another 
copy  of  the  same  to  the  secretary  of  state  at  Trenton, 
within  five  days  next  after  the  meeting  of  such  board;  and 
the  said  secretary  shall  file  the  same  in  his  office, 

115.  The  senate  and  general  assembly  shall  convene  and  Certified 
hold  their  sessions  in  the  state  house,  at  Trenton;  and  in  facirev"™ 
the  organization  of  each  house  the  certified  copies  of  the  gfe^tion^of 
aforesaid  statements  of  the  determination  of  such  board  senators  and 
shall  be  deemed  and  taken  to  be  prima  facie  evidence  of 

the  right  of  the  persons  therein  mentioned  to  seats  in  the 
houses,  respectively,  to  which  they  shall  have  been  so  de- 
termined to  be  elected. 

116.  All  the  statements  and  copies  of  statements  which  Statements 
shall  be  produced  and  laid  before  such  board  shall,  by  such  produced 
board,  be  delivered  to  the  clerk  of  such  county,  and  shall  to  be  filed  m 
be  by  him  filed  in  his  office.  ciTrk's  office. 

117.  All  the  proceedings  of  such  boards  shall  be  open 

111-  11.   -ri  .  ^    .  Proceedings 

and  public,  and  a  decision  of  the  major  part  of  the  mem-  of  board 

bers  thereof,  who  shall  be  present  at  such  meeting  thereof,  ma'joSt^  to 

shall  be  deemed  and  taken  to  be  the  decision  of  such  board ;  decide, 

and  if  any  member  shall  dissent  from  a  decision  of  the  ^. 

",,,,.  Dissent  may 

board,  and  shall  desire  to  protect  himself  against  any  con-  be  filed  with 
sequences  which  may  result  from  such  decision,  he  shall  *^"°*^  ^^^^^ 
state  his  dissent  in  writing,  and  deliver  the  same  to  the 
clerk  of  such  county,  who  shall  file  the  same  in  his  office. 

Board  of  State  Canvassers. 

118.  In  case  of  any  election  for  one  or  more  members   Secretary  of 
of  the  house  of  representatives,  or  for  electors  of  president  obUln**^ 
and  vice-president,  or  for  governor,  if  it  shall  so  happen  ^atemfnts. 
that  the  secretary  of  state  shall  not,  on  or  before  the 

seventh  day  after  the  time  appointed  for  the  meeting  of 
the  board  of  canvassers  in  the  several  counties,  have  re- 
ceived the  statements  of  the  result  of  such  election  in 
every  county,  which  are  hereinbefore  directed  to  be  deliv- 
ered or  transmitted  to  him  by  the  chairman  of  such  board, 
such  secretary  shall  forthwith,  by  a  special  messenger  or 


66 


Duty    of 
secretary  of 
state  as  to 
defective 
statements. 


Statements 
to  be  laid 
before  state 
board   of 
canvassers. 


State   board 
of   canvass- 
ers,  how 
consisted  and 
wben  to  meet. 


Their 
duty. 


otherwise,  obtain  such  statement  or  statements  as  are  lack- 
ing; and  for  this  purpose  a  copy  of  the  statement  directed 
to  be  filed  with  the  clerk  of  the  county,  certified  by  such 
clerk,  shall  be  sufficient;  and  whenever  and  so  soon  as 
such  secretary  shall  receive  or  obtain  any  statement  of 
the.  result  of  such  election,  in  any  county,  in  the  manner 
hereinbefore  provided  for,  he  shall  ascertain  whether  or 
not  such  statement  includes  the  statement  of  the  result  of 
such  election  in  every  election  district  of  such  county;  and 
if  it  shall  appear  to  him  that  the  statement  of  the  result 
of  such  election  in  any  election  district  is  not  exhibited  by 
or  included  in  the  statement  of  the  result  of  such  election, 
in  such  county,  he  shall  forthwith  ascertain  whether  or  not 
a  copy  of  such  lacking  statement  has  been  received  in  his 
office ;  and  if  it  shall  appear  to  him  that  such  copy  has  not 
been  so  received,  he  shall  forthwith,  by  special  messenger 
or  otherwise,  obtain  a  copy  of  the  statement  directed  to 
be  filed  with  the  clerk  of  such  county,  certified  by  such 
cierk,  which  shall  be  sufficient;  and  such  secretary  shall,  on 
the  twenty-first  day  next  after  the  day  of  such  election, 
pioduce  and  lay  before  the  board  of  state  canvassers  all 
such  statements  and  copies  as  shall  relate  to  such  election, 
which  shall  have  been  received  or  obtained  by  him  as 
hereinbefore  provided  for. 

1 19.  The  governor  shall  attend  at  Trenton  on  the  twenty- 
first  day  next  after  the  day  of  election,  and  summon  to 
attend  him  on  that  day  four  or  more  of  the  members  of 
the  senate,  provided  said  members  of  the  senate  shall 
represent  each  political  party,  for  the  purpose  of  canvass- 
ing and  estimating  the  votes  given  for  each  person  for 
v/hom  any  vote  or  votes  shall  have  been  given  for  one  or 
more  members  of  the  house  of  representatives,  or  for 
electors  of  president  and  vice-president,  or  for  governor, 
and  of  determining  and  declaring  the  person  or  persons 
who  shall,  by  the  greatest  number  of  votes,  have  been 
duly  elected  to  such  office  or  offices ;  and  such  members  of 
the  senate  as  shall  be  summoned  shall  attend  at  Trenton 
on  that  day  for  that  purpose ;  they  shall  meet  in  the  cham- 
ber of  the  senate,  or  some  other  convenient  place  at  Tren- 


67 

ton,  at  the  hour  of  two  o'clock  in  the  afternoon,  and  shall 
constitute  a  board  of  state  canvassers:  and  the  governor  who  to  b^ 

^  chairman    > 

shall  be  the  chairman  thereof,  and  the  secretary  of  state  and   eierk. 
shall  be  the  clerk  thereof. 

1 20.  The  chairman  of  such  board  shall  administer  to  ^^^^  ^^ 
each  member  thereof,  and  each  member  thereof  shall  take,  members  of 
an  oath  or  affirmation  in  the  following  form : 

"You  do  swear  (or  affirm,  as  the  case  may  be)  that  you 
will  faithfully  and  impartially  execute  the  duties  of  a  mem- 
ber of  this  board  according  to  law ;"  and  thereupon  one  of 
the  members  of  such  board,  to  be  appointed  by  such  board 
for  that  purpose,  shall  administer  to  the  chairman  thereof 
an  oath  or  affirmation  in  the  same  form  as  that  which  shall 
have  been  taken  by  the  other  members. 

121.  If  the  secretary  of  state  shalKbe  absent  from  such  ^^  absence  of 

-^         ,  secretary  of 

meeting  at  the  time  appointed  therefor,  such  board  shall  state  a  clerk 

forthwith,  after  the  oaths  or  affirmations  shall  have  been  ^pointed. 

administered  and  taken,  proceed  to  appoint  a  fit  person  to 

be  the   clerk   of   such  board;   and  before   proceeding  to 

canvass  and  estimate  the  votes,  the  chairman  of  such  board 

shall  administer  to  the  clerk  thereof,  and  such  clerk  shall 

t?.ke,  an  oath  or  affirmation  in  the  following  form : 

"You  do  swear  (or  affirm,  as  the  case  may  be)  that  you  ^j^J^^  °^ 
will  faithfully  execute  the  duties  of  clerk  of  this  board.'' 

122.  Such  board  shall  consist  of  at  least  five  persons,  Vacancies  iu 

.  .  ^  state  boards 

mcludmg  the  chairman  thereof;  and  if  a  number  of  the  how  filled.  ;:• 
members  of  the  senate,  who  shall  have  been  summoned  as 
members  of  such  board,  sufficient  to  constitute  such  board, 
shall  not  attend  the  meeting  thereof,  it  shall  be  the  duty 
of  the  governor  to  summon  as  miembers  of  siich  board,  as 
many  fit  persons,  who  shall  possess  the  qualifications  re- 
quired for  members  of  the  senate,  as  shall  be  necessary 
to  complete  the  number  required  to  constitute  such  board. 

123.  The  secretary  of  state  shall  thereupon  produce  and  ^. 

1         1     r  1     1  1      11  f        f  S'ecretary    of 

lay  before  such  board  all  statements  and  copies  relating  state  to 
to  such  election  which  he  shall  have  received  or  obtained ;  statements 
and  such  board  shall  then  forthwith  proceed  to  make  a  ?^^^^®   ^*^*® 

board. 

statement  of  the  result  of  such  election  in  the  state ;  which 
statement  shall  contain  the  whole  number  of  the  names 


68 


state   board 
to  make  and 
certify 

statement    of 
result. 


To  deter- 
mine and 
certify 
who  are 
elected. 


of  the  voters  in  all  the  poll-books  in  the  state,  the  names 
of  all  the  persons  for  whom  any  vote  or  votes  shall  have 
been  given  for  any  office  or  offices  to  be  filled  at  such 
election,  and  the  whole  number  of  the  votes  which  shall 
have  been  given  to  each  person  for  any  such  office  or 
offices,  mentioning  the  office  or  offices  for  which  each 
person  shall  have  been  designated,  and  shall  contain  the 
name  of  each  county,  the  number  of  names  in  the  poll- 
books  in  the  counties  respectively,  the  number  of  votes 
given  for  each  person  in  each  county  for  any  such  office 
or  offices ;  and  in  such  statement  the  name  of  each  person 
for  whom  any  vote  or  votes  shall  have  been  given,  the 
whole  number  of  votes  given  for  each  person,  and  the 
name  of  each  county,  shall  be  in  words  written  at  full 
length ;  and  the  whole  number  of  the  names  of  the  voters 
in  all  the  poll-books  in  the  state,  the  number  of  the  names 
in  the  poll-books  in  the  counties  respectively,  and  the 
number  of  votes  given  for  each  person  in  each  county, 
may  be  in  figures,  and  such  statement  shall  be  certified  to 
be  true  and  correct,  by  a  certificate  appended  to  the  same ; 
and  the  chairman  of  such  board  shall  sign  his  name 
thereto,  in  the  presence  of  the  clerk  of  the  board,  and 
such  clerk  shall  attest  the  signing  of  the  same  by  such 
chairman  by  signing  his  name  thereto;  and  the  statement 
and  certificate  appended  thereto  shall  be  in  a  form  similar 
to  that  hereinbefore  prescribed  for  the  board  of  county 
canvassers,  as  far  as  the  nature  of  such  election  will 
admit ;  and  when  the  statement  and  certificate  above  men- 
tioned shall  have  been  made  and  subscribed,  such  board 
shall  proceed  to  determine  the  person  or  persons  who 
shall,  by  the  greatest  number  of  votes,  have  been  duly 
elected  to  the  office  or  offices  for  which  he  or  they  shall 
have  been  designated;  and  thereupon  such  board  shall 
make  a  statement  of  their  determination;  and  such  state- 
ment shall  be  certified  to  be  true  and  correct  by  a  certifi- 
cate which  shall  be  appended  to  the  same;  and  the  chair- 
man of  such  board  shall  sign  his  name  thereto,  in  the  pres- 
ence of  the  clerk  thereof,  and  such  clerk  shall  attest  the 
signing  of   the   same  by   such  chairman  by  signing  his 


69 

name  thereto;  and  the  statement  of  such  determination, 

and  the  certificate  appended  thereto,  shall  be  in  a  form 

similar  to  that  hereinbefore  prescribed  for  the  board  of 

county  canvassers,  as  far  as  the  nature  of  such  election 

will  admit,  and  shall  be  annexed  to  the  statement  of  the 

result  of  such  election;  and  both  of  such  statements  and    ,^ateinont3 

certificates  shall  forthwith  be  delivered  to  the  secretary    etp.^   to   be 

of  state,  who  shall  file  the  same  in  his  office. 

124.  The  clerk  or  member  of  the  board  of  election  of   pissing 

.  .       .  .  statements. 

any  election  district,  the  clerk  or  the  chairman  of  the  to  be 
board  of  canvassers  of  any  county,  or  any  other  person  meienges. 
who  shall  be  in  possession  of  any  statement,  or  copy 
ol  any  statement,  which  shall  have  been  made  and  sub- 
scribed under,  the  provisions  of  this  act,  shall  forthwith, 
en  application  by  any  messenger  who  shall  have  been  dis- 
patched for  the  same  by  the  secretary  of  state,  deliver  to 
such  messenger  such  statement  or  copy;  and  the  member 
of  the  board  of  election  of  any  election  district,  or  any 
clerk  or  other  person  who  shall  be  in  possession  of  any 
statement,  or  copy  of  any  statement,  which  shall  have  been 
made  and  subscribed  under  the  provisions  of  this  act,  shall 
forthwith,  on  application  by  any  messenger  who  shall  have 
been  dispatched  for  the  same  by  the  clerk  of  such  county, 
deliver  to  such  messenger  such  statement  or  copy  and  such  commS?^^^ 
messenger,  in  either  case,  shall  be  commissioned  as  such  in  Jrt^ing  ^^ 
writing,  under  the  hand  and  official  seal  of  the  officer  by 
whom  he  shall  have  been  dispatched,  and  shall  exhibit  his 
commission  to  the  person  to  whom  he  shall  apply  for  such 
statement  or  copy;  and  when  he  shall  have  obtained  such 
statement  or  copy  shall  forthwith  deliver  the  same  to  the 
officer  who  shall  have  dispatched  him. 

125.  If  the  secretary  of  state  shall  neglect  to  produce  sta[e^may°^ 
and  lay  before  such  board  any  such  statement  or  copy  ■■«   ^"°*- 

.  "^  ^-^     moned    to 

received  or  obtamed  by  him,  or  shall  withhold  any  such  produce 
statement  or  copy,  the  chairman  of  such  board  shall  forth- 
with summon  such  secretary  to  appear  and  produce  and 
lay  before  the  board  such  statement  or  copy,  and  thereupon 
such  secretary  shall  forthwith  produce  and  lay  the  same 
before  such  board. 


^tatemrents. 


70 


Statement 
of    result    by 
state    board, 
how    made. 


Offi(|ial 
nqtlflcatiou 
of   election 
by    secretary 
of   state. 


All    state- 
ments  filed 
in  ofiice  of 
secretary 
of  state. 


Proceedings 
of   state 
board    to    be 
public. 


Dissent    may 
be   filed. 


Certification 
of    election 
of  members 
of    the 
house    of 
represent- 
atives. 


126.  Such  board  shall  make  the  statement  of  the  result 
of  such  election  in  the  state,  and  their  determination  as  to 
the  person  or  persons  who  shall  have  been  elected  therein 
upon  the  statements  of  the  result  of  such  election,  or  the 
copies  of  such  statements  which  shall  have  been  made  by 
the  board  of  county  canvassers  in  the  several  counties, 
and  laid  before  such  board ;  provided,  that  if  it  shall  appear, 
by  any  such  statement  from  any  county,  that  the  state- 
ment of  the  result  of  such  election  in  any  election  district 
of  such  county  is  not  exhibited  by  or  included  in  such 
statement,  such  board  shall  give  full  force  and  effect  to 
the  statement  of  the  result  of  such  election  in  such  dic- 
trict,  or  the  copy  of  such  statement,  which  shall  be  laid 
before  such  board  by  the  secretary  of  state  as  is  herein- 
before directed. 

127.  The  secretary  of  state  shall  make  as  many  copies  of 
the  statement  of  the  determination  of  such  board,  and  the 
certificate  thereto,  as  there  shall  be  persons  thereby  de- 
clared to  be  elected;  and  shall  certify  such  copies  to  be 
true,  full  and  correct,  by  a  certificate  appended  to  each, 
and  shall  sign  his  name  thereto  and  affix  thereto  the  seal 
of  the  state,  and  shall  without  delay,  deliver  one  of  the 
same  to  each  of  the  persons  who  shall  be  so  elected. 

128.  All  the  statements  and  copies  of  statements  which 
shall  have  been  produced  and  laid  before  such  board  shall 
be  delivered  to  the  secretary  of  state,  and  be  by  him  filed 
in  his  office. 

129.  The  proceedings  of  such  board  shall  be  open  and 
public,  and  the  decision  of  a  majority  of  the  members 
thereof  shall  be  deemed  and  taken  to  be  the  decision 
thereof;  and  if  any  member  shall  dissent  from  such  deci- 
sion, and  shall  desire  to  protect  himself  against  any  conse- 
quences which  may  result  therefrom,  he  shall  state  his 
dissent  in  writing,  and  deliver  the  same  to  the  secretary  of 
state,  who  shall  file  the  same  in  his  office. 

130.  In  case  of  an  election  for  one  or  more  members  of 
the  house  of  representatives,  the  secretary  of  state  shall 
prepare  a  general  certificate  of  the  election  of  such  mem- 
ber or  members,  and  lay  the  same  before  the  governor, 


71 


who  shall  sign  his  name  thereto,  in  the  presence  of  such 
secretary;  and  such  secretary  shall  attest  the  signing  of 
the  name  by  the  governor  by  signing  his  name  thereto, 
and  shall  thereupon  affix  the  seal  of  the  state  thereto,  and 
transmit  the  same  forthwith  to  the  clerk  of  the  house  of 
representatives,  if  they  shall  then  be  in  session,  and  if 
not  in  session,  then  at  their  first  meeting;  and  in  case  of 
an  election  for  electors  of  president  and  vice-president  of 
the  United  States,  such  secretary  shall  prepare  a  general 
cfirtificate  of  the  election  of  such  electors,  and  lay  the 
same  before  the  governor,  who  shall  sign  his  name  thereto, 
in  the  presence  of  such  secretary;  and  such  secretary 
shall  attest  the  signing  of  the  same  by  the  governor,  by 
signing  his  name  thereto,  and  shall  thereupon  affix  the 
seal  of  the  state  thereto,  and  deliver  the  same,  to  the 
president  of  the  college  of  electors  of  this  state,  on  the 
day  and  at  the  time  and  place  appointed  for  the  meeting 
of  such  college. 


Of  the 
election   of 
presidential 
electors. 


The  Electoral  College. 


131.  The  electors  of  president  and  vice-president  shall    Meeting  of 
convene  at  the  state  house  at  Trenton,  on  the  day  appointed    fS^^^^^ 
by  congress  for  that  purpose,  at  the  hour  of  three  o'clock   electors. 

in  the  afternoon  of  that  day,  and  constitute  an  electoral 
college ;  and,  after  choosing  a  president  and  secretary  from 
their  own  body,  shall  proceed  to  perform  the  duties  re- 
quired of  ithem  by  the  constitution  and  laws  of  the  United 
States. 

132.  When  any  vacancy  shall  happen  in  the  college  of    vacancy  in 
electors  of  this  state  or  when  any  elector  shall  fail  to  at-    coUege, 
tend,  by  the  hour  of  three  o'clock  in  the  afternoon  of  the   ^^"^  ^"^'^• 
day  fixed  by  the  congress  of  the  United  States  for  the 
meeting  of  the  college  of  electors,  at  the  place  of  holding 

such  meeting,  those  of  the  said  electors  who  shall  be  assem- 
bled at  the  said  hour  and  place  shall  immediately  after 
that  hour  proceed  to  fill,  by  a  majority  of  votes,  all  such 
vacancies  in  the  electoral  college;  provided,  that  if  the 
members  of  the  electoral  college  shall  have  been  nominated 


legislature. 


72 

and  elected  as  representing  different  political  parties,  any 
vacancy  occurring  shall  be  filled  by  the  elector  or  electors 
representing  the  same  political  party  as  the  absent  elector ; 

^  and  if  there  shall  be  no  elector  present  representing  the 
same    political    party   as    the    absent    elector,    then    such 

.  vacancy  shall  be  filled  by  a  majority  of  the  electors  pres- 
ent, who  shall  choose  some  person  of  the  political  party 
which  the  absent  elector  represents. 

Elections  to  Fill  Vacancies. 

Filling   of 

vacancies^  in  j^^.  Whenever  any  vacancy  shall  happen  in  the  rep- 
resentation of  any  county  in  the  senate  or  general  assem- 
bly, the  house  in  which  such  vacancy  happens  shall  direct 
a  writ  of  election  for  supplying  the  same,  unless  such  house 
shall  be  of  the  opinion  that  the  services  of  a  person  in  the 
office  then  vacant  will  not  be  required  during  the  unex- 
pired period  of  the  legislative  year;  but  if  such  vacancy 
happens  during  the  recess  of  the  legislature,  or  after  the 
annual  election,  and  not  less  than  fifteen  3ays  before  the 
commencement  of  the  legislative  year  (or  a  shorter  time 
before  such  commencement,  if  the  board  of  chosen  free- 
holders make  the  requirement  hereafter  mentioned),  it 
shall  be  the  duty  of  the  governor  forthwith  to  issue  a  writ 
of  election  to  fill  the  said  vacancy,  unless  he  shall  be  of 
opinion  that  the  services  of  a  person  in  the  office  then 
vacant  will  not  be  required  during  the  legislative  year,  or 
the  residue  thereof;  but  the  neglect  of  the  governor  to 
issue  a  writ  for  filling  such  vacancy  shall  not  preclude  the 
house  in  which  such  vacancy  may  have  happened  from 
causing  the  same  to  be  filled,  if  they  judge  it  advisable; 
provided,  that  if  the  board  of  chosen  freeholders  of  such 
county  shall  signify  in  writing  to  the  governor,  in  case 
such  vacancy  occurs  during  the  recess  of  the  legislature, 
or  after  the  annual  election,  and  before  the  commence- 
ment of  the  legislative  year,  or  to  such  house,  when  in 
session,  the  desire  of  such  board  that  the  vacancy  shall 
be  filled,  then  such  house,  or  the  governor,  as  the  case 
may  be,  shall  forthwith,  after  such  signification,  issue  such 
v/rit. 


134-  If  any  person  who  shall  be  elected  a  member  of  the 
senate  or  general  assembly  of  this  state  shall  neglect  or 
refuse,  for  ten  days  next  after  the  commencement  of  the 
session  of  such  house,  to  take  his  seat  therein,  or  to  send 
to  such  house  a  satisfactory  excuse,  or  shall,  during  any 
session  of  such  house,  be  absent  unremittingly  for  ten  days 
(unless  expressly  excused  by  such  house  from  attendance 
thereon),  or  shall  remove  from  and  cease  to  be  a  resident 
of  the  state,  or  of  the  county  for  which  he  may  have  been 
elected,  his  office  shall  be  deemed  vacant. 

135.  Whenever  any  vacancy  or  vacancies  shall  happen 
in  the  representation  of  this  state  in  the  house  of  repre- 
sentatives, it  shall  be  the  duty  of  the  governor  forthwith 
to  issue  a  writ  of  election  to  fill  such  vacancy  or  vacancies, 
unless  the  term  of  service  for  which  the  person  or  persons 
whose  office  or  offices  shall  become  vacant  will  expire 
within  two  months  next  after  the  happening  of  such  va- 
cancy or  vacancies. 

136.  Every  writ  of  election  which  shall  be  issued  under 
the  provisions  of  this  act  shall  be  of  the  nature  of  a  proc- 
lamation, and  be  signed  by  the  governor,  or  by  the  presi- 
dent of  the  senate,  or  the  speaker  of  the  house  of  assem- 
bly, as  the  case  may  be,  and  shall  specify  the  cause  and 
purpose  of  such  election,  the  name  of  the  officer  in  whose 
office  the  vacancy  has  occurred,  the  day  on  which  a  special 
primary  election  shall  be  held,  which  shall  be  not  less  than 
thirty-one  nor  more  than  forty  days  following  the  date  of 
such  proclamation,  and  the  day  on  which  the  special  elec- 
tion shall  be  held,  which  shall  be  not  less  than  fourteen 
nor  more  than  twenty  days  following  the  day  of  the  spe- 
cial primary  election. 

137.  Every  such  writ  shall,  by  the  officer  issuing  the 
same,  be  delivered  forthwith  to  the  secretary  of  state,  who 
shall  forthwith  affix  thereto  the  seal  of  this  state,  and 
file  the  same  in  his  office ;  and  in  case  such  vacancy  or 
vacancies  shall  have  happened  in  the  representation  of  any 
county,  in  the  senate  or  assembly,  he  shall  make,  or  cause 
to  be  made,  a  copy  of  such  writ,  certify  the  same  to  be 
true  and  correct  under  his  hand,  and  cause  such  copy  thus 


What 

constitutes 
a  vacancy   in 
senate    of 
general 
assembly. 


Vacancy  in 
liouse  of  rep- 
resenta- 
tives, 
how   filled. 


Nature  and 
form   of 
writ  of 
election   to 
fill  vacancy. 
[Amended, 
P.    L.    1913, 
p.   — .] 


Duties   of 
secretary   of 
state   as   to 
writ  of 
election. 


74 


Duty    of 
county    clerk 
as   to   writ 
of  election. 


Vacancy   in 
county    oflace, 
how   filled. 


Special 
elections, 
how 
conducted. 


certified  to  be  delivered  to  the  clerk  of  such  county,  and 
in  case  such  vacancy  or  vacancies  shall  have  happened  in 
the  representation  of  this  state  in  the  house  of  represen- 
tatives, he  shall  cause  as  many  copies  of  such  writ  to  be 
made  as  there  shall  be  counties  or  parts  of  counties  in 
such  vacant  congressional  district  or  districts,  certify  each 
of  the  same  to  be  true  and  correct  under  his  hand,  and 
cause  one  of  such  copies  to  be  delivered  to  the  clerk  of 
each  of  said  counties. 

138.  The  clerk  of  each  of  said  counties  shall,  forthwith 
after  the  receipt  of  any  such  copy,  cause  the  same  to  be 
published  at  least  once  a  week,  until  the  time  of  such  elec- 
tion, in  at  least  four  of  the  newspapers  which  shd^l  be 
printed  or  published  in  such  county ;  and  if  such  election 
shall  be  held  to  fill  a  vacancy  or  vacancies  in  the  repre- 
sentation of  such  county  in  the  senate  or  assembly,  such 
publication  shall  be  made  at  the  expense  of  such  county ; 
and  if  such  election  shall  be  held  to  fill  a  vacancy  or 
vacancies  in  the  house  of  representatives,  such  publication 
shall  be  made  at  the  expense  of  this  state. 

139.  Any  vacancy  happening  in  the  office  of  sheriff, 
coroner,  clerk,  register  or  surrogate  of  any  county,  shall 
be  supplied  at  the  general  election  next  succeeding  the  hap- 
pening thereof,  unless  such  vacancy  shall  happen  within 
fifteen  days  next  preceding  such  election,  in  which  case 
such  vacancy  shall  be  supplied  at  the  second  succeeding 
general  election. 

140.  Every  special  election  shall  be  conducted  by  the 
same  election  officers  and  in  the  same  manner  as  the  gen- 
eral election  is  or  may  be  conducted ;  nominations  shall  be 
made  for  the  offices  to  be  filled  at  such  special  election  in 
the  manner  herein  provided  for  the  nomination  for  such 
offices  at  the  general  election,  and  the  register  used  at  the 
election  next  preceding  such  special  election  shall  be  used 
thereat,  subject  to  revision  and  correction  in  the  same 
manner  as  is  herein  provided  for  the  revision  and  correc- 
tion of  the  register  at  charter  or  local  elections,  with  such 
modifications,  if  any,  as  to  the  times  of  meeting  of  the 


75 

registry  boards,  as  the  county  board  of  elections  may  deem 
necessary. 

Contested  Elections  for  Governor. 

141.  Any  person  intending  to  contest  the  election  of    contested 
governor,  shall,  within  thirty  days  next  after  such  election,    election  of 
give  notice  in  writing  to  the  person  whose  election  he  in- 
tends to  contest,  stating  sucli  intention,  and  setting  forth 

the  facts,  charges  and  specifications  upon  which  he  means 
to  rely;  which  notice  shall  be  delivered  to  such  person, 
or  be  left  open  at  his  usual  place  of  residence,  with  a 
member  of  the  family  over  the  age  of  fourteen  years. 

142.  The   said   contestant   shall   address   and   cause   to    Petition  to 

.  .  ,  .     ,  be    delivered 

be  delivered  to  the  president  of  the  senate  as  soon  as  that  to  president 
body  shall  be  organized  by  the  election  of  a  president,  a  ^^  senate, 
petition  in  writing,  setting  forth  that  the  said  petitioner 
intends  to  contest  the  said  election  of  governor,  and  the 
facts,  charges  and  specifications  upon*  which  he  means  to 
rely,  and  praying  that  a  joint  committee  of  the  two  houses 
of  the  legislature  may  be  appointed  to  try  the  same ;  which 
petition  shall  be  accompanied  by  the  affidavit  of  the  peti- 
tioner that  the  facts,  matters  and  things  in  said  petition 
contained  are  true,  as  he  verily  believes;  and  shall  be  also 
accompanied  by  due  proof  that  the  notice  mentioned  in 
the  preceding  section  has  been  given  as  is  therein  directed. 

143.  Upon  the  receipt  of  such  petition,  verification  and    President 
proof,  the  said  president  shall  immediately  give  informa-    notify   both 
tion  thereof  to  both  houses  of  the  legislature,  who  shall,    fegisSture. 
on  a  day  and  hour  to  be  agreed  upon  between  them,  not 
exceeding  ten  days   from  the  delivery  of  such  petition, 
convene  in  the  senate  chamber,  and  proceed  to  appoint 

such  committee. 

144.  The  president  of  the  senate  shall  preside  at  such   Selection 

7  '^  of  names 

meeting ;  the  names  of  the  members  of  each  house  shall  be    for  joint 
called  over,  and  thereupon  the  names  of  the  members  of 
the  senate  present  shall  be  written  on  distinct  pieces  of 
paper,  as  nearly  similar  as  may  be,  and  each  rolled  up  and 
put  into  a  box  by  the  clerk  of  the  assembly,  and  after  being 


76 


Process    of 
perfecting 
joint 
committee. 


Oath. 


shaken  and  intermixed,  shall  be  placed  on  the  president's 
table ;  and  the  secretary  of  the  senate  shall  then  draw  from 
the  said  box  the  papers  so  rolled  up,  and  deliver  them 
singly  to  the  speaker  of  the  house  of  assembly,  who  shall 
open  and  read  them  aloud  as  he  receives  them,  and  deliver 
them  singly  to  the  president  of  the  senate,  who  shall  place 
them  open  on  the  table;  and  the  clerk  of  the  house  shall 
take  down  the  names  as  they  are  so  called  in  writing,  until 
the  number  of  ten  names  be  drawn,  when  the  drawing 
shall  cease ;  the  names  of  all  the  members  of  the  house  of 
assembly  who  are  present  shall  then,  in  like  manner,  be 
vrritten  on  similar  distinct  pieces  of  paper,  and  each  rolled 
up  and  put  into  a  box  by  the  secretary  of  the  senate,  and 
after  being  shaken  and  intermixed,  shall  be  placed  on  the 
president's  table;  and  the  clerk  of  the  house  shall  then 
draw  from  the  said  box  the  papers  so  rolled  up,  and  deliver 
them  singly  to  the  president  of  the  senate,  who  shall  open 
and  read  them  aloud  as  he  receives  them,  and  deliver  them 
singly  to  the  speaks  of  the  house,  who  shall  place  them 
open  on  the  table,  and  the  secretary  of  the  senate  shall 
take  down  the  names  as  they  are  so  called,  in  writing, 
until  the  number  of  twenty-nine  names  shall  be  drawn, 
when  the  drawing  shall  cease. 

145.  When  the  names  of  ten  members  of  the  senate  and 
twenty-nine  members  of  the  house  of  assembly  shall  have 
been  so  drawn,  a  list  of  the  members  so  selected  shall  be 
given  to  each  of  the  parties,  or  their  counsel,  who  shall 
immediately  withdraw  to  some  adjoining  room,  with  a 
clerk  or  member  appointed  by  the  joint  vote  of  the  mem- 
bers present,  where  they  shall  proceed  alternately  to  strike 
oflf  the  names  upon  the  said  list,  the  contestant  striking 
first,  until  the  number  shall  be  reduced  to  four  members 
of  the  senate  and  nine  members  of  the  house  of  assembly ; 
and  within  one  hour  from  the  time  of  so  withdrawing, 
shall  deliver  to  the  president  of  the  senate  the  names  of 
the  said  thirteen  members  remaining  on  the  list,  who  shall 
constitute  a  committee  to  try  the  matter  in  controversy, 
and  shall  respectively  take  an  oath  or  affirmation,  to  be 
administered  by  the  president  of  the  senate,  to  try  the 


77 


matter  of  the  petition,  and  to  give  true  judgment  thereon 
according  to  evidence;  and  the  time  and  place  for  the 
meeting  of  the  select  committee  so  appointed  shall  then 
be  directed  by  the  joint  vote  of  the  members  of  both 
houses,  which  shall  be  within  twenty-four  hours  of  the 
appointment. 

146.  As  soon  as  the  list  shall  have  been  delivered  to  the 
parties  aforesaid,  the  clerk  of  the  house  of  assembly  shall 
proceed  to  draw  out,  one  by  one,'  the  names  of  the  remain- 
ing members  of  the  senate  and  deliver  them  singly  to  the 
speaker  of  the  house,  who  shall  unfold  and  read  them 
aloud;  and  then  the  secretary  of  the  senate  shall  in  like 
manner  draw  out  the  names  of  the  remaining  members  of 
the  house  of  assembly  and  deliver  them  singly  to  the  presi- 
dent of  the  senate,  who  shall  unfold  and  read  them  aloud ; 
and  if  any  unfairness  or  mistake  shall  be  discovered 
therein,  then  the  whole  proceeding  shall  be  set  aside,  and 
the  business  be  renewed  in  manner  and  form  as  herein- 
before directed. 

147.  The  committee  so  chosen  shall,  on  the  first  meet- 
ing, elect  a  chairman  from  among  themselves,  and  some 
competent  person  as  clerk,  and  in  case  of  the  sickness, 
death,  resignation  or  inability  to  act  of  either,  may  choose 
another  in  his  place ;  and  in  case  of  the  refusal  or  inability 
of  any  member  of  the  committee  so  chosen  to  act,  the  com- 
mittee shall,  by  a  majority  of  votes,  fill  such  vacancy  by 
choosing  a  member  to  supply  his  place,  if  he  be  a  senator, 
from  the  senate;  if  a  member  of  the  assembly,  from  the 
house  of  assembly;  provided,  that  no  member  who  was 
stricken  from  the  list  of  names  drawn  shall  be  eligible  to 
be  chosen;  and  provided,  that  such  vacancy  shall  be  filled 
before  the  committee  shall  have  entered  upon  the  hearing 
of  the  case. 

148.  The  said  committee  shall  sit  from  day  to  day,  Sun- 
days excepted,  and  attend  exclusively  to  the  business  be- 
fore them  until  they  shall  have  finally  decided  the  case. 

149.  The  said  committee  shall  have  power  to  send  for 
persons,  papers  and  records,  to  examine  all  witnesses  who 
may  come  before  them,  upon  oath  or  affirmation,  to  be  ad- 


Balance    of 
names 
drawn    and 
mistakes      • 
corrected. 


Organiza- 
tion   of 
committee. 


Sessions 
continued 
from   day 
to    day. 

Power   of 
committee. 


78 


Ltetermina- 
tion    of 
committee    to 
be    recorded 
on  journal 
of   senate 
and   house. 


Proceedings 
public. 


Witness    fees, 
clerk's    com- 
pensation, 
expenses. 


ministered  by  the  chairman;  and  any  person  guilty  of 
'taking  a  false  oath  or  affirmation  before  them,  or  of  pro- 
curing another  to  do  so,  shall,  upon  conviction,  be  liable 
tc  the  same  punishment  as  persons  convicted  of  perjury 
are  liable  to  by  law;  the  committee  may  require  the  pro- 
duction of  ballot-boxes  with  their  contents,  and  may 
examine  and  recount,  if  necessary,  the  ballots  cast  in  any 
district  or  districts. 

150.  All  determinations  of  the  said  committee  shall  be 
by  a  majority  of  votes;  as  soon  as  the  said  committee 
shall  have  determined  whether  the  election  or  return  re- 
ferred to  them  is  legal  and  valid,  or  the  contrary,  and  who, 
if  anyone,  is  duly  elected  to  the  said  office  of  governor, 
the  chairman  shall  make  two  reports  thereof  in  writing, 
one  of  which  he  shall  deliver  to  the  president  of  the  senate 
and  the  other  to  the  speaker  of  the  house  of  assembly 
which  reports  shall  be  entered  on  the  journal  of  the  respec- 
tive houses,  and  shall  be  final  and  conclusive,  and  the 
person  adjudged  to  be  elected  shall  be  entitled  to  the  office; 
and  if  no  one  shall  be  adjudged  to  be  elected,  then  the 
office  shall  be  declared  vacant. 

151.  The  proceedings  of  the  committee  shall  be  con- 
ducted publicly;  the  parties  shall  be  at  liberty  to  appear 
before  them  in  person,  or  by  counsel,  and  examine  and 
cross-examine  the  witnesses  produced,  and  be  heard  upon 
the  questions- that  arise  in  the  case. 

152.  Witnesses  attending  by  order  of  the  committee 
shall  have  the  same  fees  as  are  allowed  at  law ;  the  clerk 
of  the  committee  shall  be  allowed  compensation  at  the  rate 
of  ten  dollars  per  diem,  but  no  fees ;  and  all  expenses  in- 
curred shall  be  taxed  by  the  committee  and  paid  by  the 
treasurer  on  the  certificate  of  the  chairman. 


Contested  Elections  for  Members  of  the  Legislature  and 
Congress. 


Notice  of  153.  If  any  person  shall  intend  to  contest  the  right  of 

eSon  ""ot  any  person  who  shall  have  been  declared  to  be  duly  elected 

legislator  or  member  of  the  senate,  a  member  of  the  general  assembly 

congressman. 


79 

or  a  member  of  the  house  of  representatives  of  the  United 
States,  to  a  seat  in  the  house  of  which  he  shall  have  been 
declared  to  be  elected  a  member,  the  person  intending  shall, 
within  thirty  days  next  after  the  day  of  such  election,  give 
r.otice  in  writing  of  such  intention  to  the  person  whose  seat 
he  shall  intend  to  contest;  which  notice  shall  be  delivered 
to  such  person,  or  shall  be  left  open  at  his  usual  place  of 
residence,  with  one  of  the  family  above  the  age  of  four- 
teen years,  and  such  notice  shall  particularly  set  forth  the 
ground  or  grounds  on  which  such  seat  will  be  contested. 

154.  The  judges  of  the  court  of  common  pleas,  the  com-   ^^'}^  ^^^ 
missioners  to  take  bail  and  affidavits  in  the  supreme  court,   testimony 

pTi/i     issiip 

and  the  mast  "s  in  chancery,  respectively,  shall  have  power,   f^jubpoenas 

and  are  hereby   required  at  any  time,  on  application  to    nesseT^" 

them  by  any  person  who  shall  intend  to  contest  the  right 

to  a  seat  as  above  mentioned,  or  whose  right  to  a  seat 

shall  be  contested,  to  issue  a  subpoena  or  subpoenas  to  any 

person  or  persons  whose  testimony  the  person  so  applying 

shall  be  desirous  to  take,  and  to  appoint  some  time,  not 

less  than  ten  nor  more  than  twenty  days  after  such  appli-   ^l^^l  to^be 

cation  shall  be  made  to  him,  and  some  place  for  the  exami-   fl^ed   for 

examining 

nation  of  such  person  or  persons ;  provided,  that  no  officer   witnesses. 
shall  issue  any  such  subpoena  or  appoint  such  time,  unless 
He  shall  be  satisfied  that  such  notice  has  been  given  as  is 
directed  in  the  preceding  section  of  this  act. 

155.  When  such  time   and  place   shall  have  been   ap-    time^and 
pointed,  the  person  who  shall  have  made  such  application   examination 
shall  forthwith  give  at  least  eight  days'  notice  of  such  time   to  be  given, 
and  place,  and  of  the  name  of  the  officer  who  is  to  take 

the  testimony,  to  the  opposite  party ;  which  notice  shall  be 
in  writing,  and  shall  contain  the  name  or  names  of  the 
witness  or  witnesses  intended  to  be  examined,  and  shall 
be  given  in  the  same  manner  as  the  notice  of  contest  of 
such  election  hereinbefore  mentioned  is  directed  to  be 
given. 

156.  At  the  time  and  place  which  shall  have  been  so  ap-    how  taken.' 
pointed,  the  officer  appointing  them  shall  attend  and  take 

the  deposition  or  depositions  of  such  person  or  persons  as 


8o 


shall  appear  before  him;  which  deposition  or  depositions 
shall  be  taken  in  writing,  and  shall  be  signed  by  the  per- 
son or  persons,  respectively,  who  shall  be  examined;  pro- 
7.'ided,  that  such  officer  shall  not  proceed  to  take  the  testi- 
m.ony  of  any  person  unless  he  shall  be  satisfied  that  such 
notice  has  been  given,  as  is  hereinbefore  directed,  and 
that  he  shall  take  the  testimony  of  no  other  person  than 
such  as  shall  be  mentioned  in  such  notice ;  and  that  no  tes- 
timony shall  be  taken  which  shall  not  relate  to  some  ground 
of  contest  specified  in  the  notice  which  shall  have  been 
given,  as  is  hereinbefore  directed. 


Depositions, 
how   disposed 
of. 


157.  The  officer  who  shall  take  any  such  deposition  or 
depositions  shall  certify  the  same  under  his  hand  and  shall 
inclose,  seal  up  and  transmit  or  deliver  the  same,  in  case 
the  intended  contest  shall  relate  to  a  seat  in  the  senate,  to 
the  president  of  that  body ;  in  case  it  shall  relate  to  a  seat 
in  the  general  assembly,  then  to  the  speaker  of  that  body, 
and  in  case  it  shall  relate  to  a  seat  in  the  house  of  repre- 
sentatives of  the  United  States,  then  to  the  speaker  of 
that  body. 


Penalty  for 
not  obeying 
subpoena. 


Proceedings 
on    attach- 
ment   for 
contempt. 


158.  It  shall  be  the  duty  of  every  person  upon  whom  .a 
subpoena,  issued  under  and  by  virtue  of  this  act,  shall  have 
been  served,  and  to  whom  the  lawful  fees  shall  have  been 
paid  or  tendered,  to  obey  the  command  of  such  subpoena, 
under  the  penalty  of  fifty  dollars,  to  be  sued  for  and  re- 
covered, with  costs,  in  an  action  of  debt,  before  any  court 
of  competent  jurisdiction,  by  the  person  on  whose -appli- 
cation such  subpoena  shall  have  been  issued;  proznded, 
that  no  person  shall  in  any  case  be  required  to  attend  any 
such  examination  as  a  witness  out  of  the  county  in  which 
he  resides ;  and  if  any  person  duly  subpoenaed  as  afore- 
said shall  neglect  or  refuse  to  obey  the  command  of  such 
subpoena,  it  shall  be  lawful  for  any  justice  of  the  supreme 
court  or  judge  of  the  court  of  common  pleas,  on  due  proof 
by  affidavit  of  the  service  of  a  subpoena  on  such  witness, 
and  of  the  payment  of  his  legal  fees,  and  of  his  refusal  or 


8i 


neglect  to  obey  the  command  of  said  subpoena  as  afore- 
said, to  issue  an  attachment  against  such  person  to  bring 
him  before  said  justice  or  judge;  and  the  said  justice  or 
judge  shall  have  power  to  proceed  against  said  witness  as 
for  a  contempt  of  said  court. 


Recount  of  Votes. 


159.  Whenever  any  candidate  at  any  election  shall  have   (.g^^^jj^^^gg 
1  eason  to  believe  that  an  error  has  been  made  by  any  board   may  apply 

,  J        for    recount. 

of  elections  or  of  canvassers  m  countmg  the  vote  or  de- 
claring the  vote  of  such  election,  or  whenever  any  citizen 
shall  have  reason  to  believe  that  an  error  has  been  made 
by  any  board  of  elections  or  of  canvassers  in  counting  the 
vote  or  declaring  the  result  of  any  election  upon  any  refer- 
endum or  question  submitted  to  the  electors,  whereby  the 
result  of  such  election  has  been  changed,  such  candidate 
or  such  citizen  may,  within  ten  days,  after  such  election, 
apply  to  any  Justice  of  the  Supreme  Court,  who  shall  be   p^^J^^^^i^gog^ 
authorized  to  order  and  cause,  upon  such  terms  as  he  may   p-  ^i-l 
deem  proper,  a  recount  of  the  whole  or  such  part  of  the 
\otes  as  he  may  determine,  to  be  publicly  made  under  his 
direction  by  the  county  board  of  elections,  after  due  notice 
by  such  candidate  to  the  parties  interested  of  the  time  and 
place  of  such  recount ;  and.  if  it  shall  appear  upon  such    if  error 
recount  that  an  error  has  been  made  sufficient  to  change   ^^g^f® 
the  result  of  such  election,  then  such  Justice  in  case  of   justice  to 
candidates  shall  revoke  the  certificates  of  election  already   certificate 
issued  to  any  person,  and  shall  issue  in  its  place  another   ^^^  ^^^^ 
certificate  in  favor  of  the  party  who  shall  be  found  to 
have  received  a  majority  of  the  votes  cast  at  such  election ; 
and  in  case  of  referendums  or  questions  shall  make  a  cer-   jjj  ^ase  of 
tificate  that  the  result  of  such  election  be  corrected ;  which    referendum, 
certificates  shall  supersede  all  others  and  entitle  the  holder 
thereof  to  the  same  rights  and  privileges  as  if  said  cer- 
tificates had  been  originally  issued  by  the  canvassing  board  ; 
said  Justice  shall  have  power  to  decide  all  disputed  ques- 


82 


Applica- 
tion. 


Proviso, 


New    cer- 
tificate to  be 
filed   and 
certified, 
copies   made, 
etc. 


Expenses   of 
recount,    how 
provided    for. 


tions  which  the  board  shall  fail  to  decide  by  a  majority 
vote  thereof,  (a) 

159b.  The  foregoing  provisions  shall  apply  to  any  elec- 
tion held  upon  any  referendum  or  question  at  the  last  gen- 
eral election ;  provided,  application  shall  be  made  for  such 
recount  v\rithin  thirty  days  after  the  passage  of  this  act. 

160.  Whenever  any  such  certificate  shall  be  issued  by 
any  justice  of' the  supreme' court,  the  same  shall  be  filed 
with  the  clerk  of  the  county  or  municipality  in  and  for 
vvhich  such  election  was  held;  and  such  clerk  shall  make 
and  certify,  under  his  hand  and  official  seal,  a  copy  thereof, 
and  shall  without  delay  deliver  such  copy  to  the  person 
who  shall  be  so  declared  elected;  and  in  case  of  an  election 
for  senator,  members  of  the  assembly  or  any  county  ofii- 
cers,  the  county  clerk  shall  within  five  days  thereafter 
transmit  to  the  secretary  of  state  at  Trenton  another  copy 
of  such  certificate,  signed  by  him  and  attested  by  his 
official  seal. 

161.  Any  applicant  for  such  recount  upon  applying 
therefor  shall  deposit  with  the  county  clerk  such  sum  as 
such  justice  shall  order  as  security  for  the  payment  of  the 
expenses  of  such  recount,  or  if  such  justice  shall  so  order, 
shall  file  with  the  county  clerk  a  bond  to  the  incumbent, 
v/ith  two  or  more  sureties,  to  be  approved  by  such  justice, 
in  such  sum  as  he  may  require,  conditioned  tO  pay  all  costs 
and  expenses  in  case  the  original  count  be  confirmed,  or 
the  result  of  such  recount  is  not  sufficient  to  change  the 
result;  the  said  justice  shall  fix  and  determine  the  amount 
of  compensation  to  be  paid  for  making  such  recount  of 


(a)  Application  was  madfe  to  Justice  Dixon  for  a  recount  of  ballots 
cast  in  Passaic  county  for  slieriflf.  At  the  time  of  the  application 
John  W.  Sturr  had  heen  declared  elected,  and  had  received  nis  com- 
mission from  the  Governor.  Justice  Dixon  held  that  it  was  too  late 
to  order  a  recount:  that  the  certificate  of  election  issued  by  the  board 
of  election  had  been  superseded  by  the  Governor's  commission,  and 
that  while,  under  the  authority  of  the  above  section,  a  justice  of  the 
supreme  court  may.  in  a  proper  case,  revoke  a  certificate  of  election, 
that  power  can  be  exercised  only  before  the  certificate  of  election 
becomes  thus  superseded.  See  New  Jersey  Laio  Journal,  January,  1901, 
p.  411.  Under  the  150th  section,  reason  to  believe  that  an  error  suffi- 
cient to  change  the  result  of  the  election  has  been  made,  and  prob- 
able grounds  of  such  belief  are  all  that  are  necessary  to  give  .luris- 
diction  to  the  justice.  In  re  Election  of  Register  of  Essex  County, 
12   Ncic   Jrr.^ri/    7, aw  Journal   271. 


83 


the  ballots,  and  the  costs  and  expenses  thereof;  and  if  it 
shall  appear  that  an  error  sufficient  to  change  the  result 
has  been  made,  then  the  expenses  of  such  recount  shall  be 
paid  by  the  county  or  municipality  in  and  for  which  such 
election  was  held,  upon  the  warrant  of  said  justice,  the 
same  as  other  election  expenses  are  paid;  but  if  no  error 
shall  appear  sufficient  to  change  such  result,  then  the  ex- 
penses of  such  recount  shall  be  paid  by  the  party  making 
the  application. 

Contested    Elections    for    County,    Township,    City    or 
Other  Municipal  Offices. 

162.  The  several  circuit  courts  of  this  state  shall  have   in'^'^on^'e^tTd 
jurisdiction  to  hear  and  determine  all  cases  in  which  the    election 

1  •  r  rr  rr  caseS    f  OF 

election  of  any  officer  or  officers  ot  any  county,  city,  bor-    county  and 
or.gh,  village,  township  or  other  municipality  may  be  con-    ^^e"^^ 
tested,  and  for  that  purpose  the  said  courts  shall  always  be 
open ;  such  contest  shall  be  commenced  by  filing  a  petition 
therefor  within  thirty  days  after  any  such  election  shall 
be  held. (a) 


ffl)  Section  162.  giving  jurisdiction  to  circuit  courts  to  hear  and 
determioe  contested  elections,  does  not  repeal  a  city  charter  provision 
that  the  city  council  sliall  be  the  sole  judge  of  the  election,  returns 
and  qualifications  of  its  own  members.  Henry  v.  Camden,  13  Vroom 
335.  But  see  In  re  The  Recount  of  the  Thirteenth  Ward  Votes  of 
yen  ark,  13  Xeic  Jersey  Laic  Journal  10.  The  power  of  revision  given 
to  circuit  courts  by  this  section  can  be  exercised  only  with  reference 
to  the  grounds  of  contest  enumerated  in  the  act.  In  such  procedure 
the  constitutionality  of  the  law  cannot  be  adjudged.  BiUingham  v. 
Mount,  14  Vroom  470.  Section  162  confers  upon  the  circuit  court 
jurisdiction  in  cases  of  contested  elections  for  city  officers.  McCoy  v. 
Boyle,  22  Vroom  53.  Justices  of  the  peace  are  county  officers  within 
the  meaning  of  this  section.  Gage  v.  Clark,  22  Vroom  97.  The  pro- 
vision in  section  162  and  the  following  sections  relating  to  the  trial 
before  the  circuit  courts  of  contested  election  cases,  is  not  unconsti- 
tutional, .^'uch  trials  are  conclusive  only  for  the  time  being,  and  do 
not  prevent  a  retrial  on  quo  warranto.  The  act  does  not  give  the 
right  to  a  trial  by  jury.  Conger  v.  Conrery,  23  Vroom  417,  444.  As 
to  the  admission  in  evidence  of  the  ballot-box  and  its  contents,  and 
the  admission  of  the  testimony  of  an  expert  on  the  workings  of  a 
ballot-box,  see  Convery  v.  Conger,  24  Vroom  469,  65S  and  663.  In 
the  petition  presented  under  sections  162  to  177,  the  particular  cir- 
cumstances of  the  case  must  be  set  forth  in  such  manner  as  will 
enable  the  court  to  see  that  the  case  is  within  the  statute  and  will 
enable  the  incumbent  properly  to  prepare  for  his  aetence.  It  is  not 
enough  to  show  that  illegal  votes  were  received  in  greater  number 
than  the  plurality  returned  for  the  incumbent :  there  must  also  be 
shown  circumstances  rendering  probable,  prima  facie,  a  conclusion 
that    these    illegal    votes    were    cast    for    the    incumbent.     Lehlhach    v. 


84 


Grounds   of 
contest. 


Fraud,    etc. 


Ineligibility. 


Conviction 
of  certain 
crimes. 


163.  Such  election  may  be  contested  upon  one  or  more 
of  the  following  grounds,  viz. : 

I.  Malconduct,  fraud  or  corruption  on  the  part  of  the 
members  of  the  board  of  election  in  any  election  district, 
or  of  any  members  of  the  board  of  county  canvassers, 
sufficient  to  change  the  result ; 

II.  When  the  incumbent  was  not  eligible  to  the  office  at 
the  time  of  the  election ; 

III.  When  the  incumbent  had  been  duly  convicted  before 
such  election  of  anv  crime  which  would  render  him  incom- 


Haynes,  25  Vroom  77 ;  and  see,  also,  Lippincott  v.  Fclton,  32  Vr. 
291.  A  petition  for  a  recount  of  an  election  for  fraud  in  one  district 
will  not  autiiorize  the  court  to  try  the  question  of  fraud  in  another 
district.  If  the  answer  sets  up  new  matter  constituting  a  distinct 
charge  to  be  investigated  by  the  court,  it  must  be  in  writing,  in  detail, 

and  under  oath.  The  petition  must  be  under  oath  and  in  detail, 
and  must  be  endorsed  (or  signed)  by  fifteen  electors,  and  duly  veri- 
fied. It  must  give  the  names  of  those  whose  votes  were  improperly 
rejected,  if  known,  and  if  not  known,  such  fact  must  be  alleged. 
Burroughs  v.  Brunning,  9  New  Jersey  Laic  Journal  110.  There  is  a 
difference  between  the  requisites  of  a  petition  under  section  159  ante 
and  section  162  above.  Under  section  159,  reason  to  believe,  and 
probable  grounds  of  belief,  are  all  that  are  necessary  to  give  juris- 
diction to  the  court ;  under  section  162,  it  is  only  upon  certain  speci- 
fied grounds  that  relief  can  be  had.  which  grounds  are  set  forth  in 
section  163.  In  re  Glection  of  Register  of  Essex  Comity  12  New 
Jersey  Law  Journal  271.  In  a  contested  election  case  under  section 
162  and  the  succeeding  sections,  the  admission  by  the  incumbents  of 
the  facts  stated  generally  in  the  petition  is-  not  sufficient  basis  for 
a  final  judgment.  The  aflidavit  annexed  to  the  petition  must  show 
means  of  knowledge  in  the  affiant  of  the  facts  sworn  to,  and  must 
state  particular  facts  and  not  mere  belief.  The  dismissal  of  one 
petition  is  not  a  bar  to  the  filing  of  other  petitions  by  the  same  con- 
testant. Gieary  v.  Kendall,  13  Neiv  Jersey  Law  Journal  134.  See, 
also,  Gieary  v.  Kendall,  24  Vr.  130.  The  oath  or  affirmation  required 
by  section  166  should  be  made  by  persons  cognizant  of  the  particnilar 
circumstances  alleged  in  the  petition,  and  should  attest  the  truth  of 
those  allegations.  Johnson  v.  Allen,  26  Vr.  400.  A  judgment  of  the 
supreme  court  rendered  on  an  appeal  taken  to  the  supreme  court  from 
the  judgment  of  any  circuit  court  in  a  contested  election  case,  cannot 
be  reviewed  by  tlie  court  of  errors  and  appeals  on  a  writ  of  error. 
See  General  Statutes,  p.  1394,  section  24,  and  O'Brien  y.  Benny,  29 
Vr.  189.  The  incumbent  is  not  bound  to  file  any  answer  to  the  con- 
testant's petition.  Lippincott  v.  Felton,  32  Vr.  291.  The  petition 
must  be  verified  not  only  as  to  the  grounds  and  circunistances  of  the 
contest,  but  also  as  to  the  fact  that  at  least  fifteen  of  the  petitioners 
are  qualified  voters  as  required  by  the  one  hundred  and  sixty-sixth 
.section.  Smith  v.  Smith,  41  Atl.  Rep.  753.  It  is  not  necessary  that 
the  petition  shall  set  fortli  the  reason  for  rejecting  ballots  by  the 
canvassers,  and  in  the  affidavit  verifying  the  petition  the  particulars 
of  the  case  need  not  be  set  forth.  Hackett  v.  Mayhcw,  33  Vr.  481. 
At  an  election  for  village  trustee  four  of  the  ballots  counted  for  Ira 
A.  Kip,  Jr..  read  respectively,  "Ira  A.  Kipp,"  "I.  Kip,  Jr.,"  "Ira  A. 
Kip,"  and  "Kipp,"  and  it  was  held  that  they  were  erroneously  counted 
for  Ira  A.   Kip,  Jr.     Weeks  v.  Kip,  35   Vr.  61. 


85 


petent  to  exercise  the  right  of  suffrage,  and  the  incumbent 
had  not  been  pardoned  at  the  time  of  the  election; 

IV.  When  the  incumbent  had  given  or  offered  to  any 
elector  or  any  member  of  a  board  of  election,  clerk  or 
canvasser,  any  bribe  or  reward,  in  money,  property  or 
thing  of  value,  for  the  purpose  of  procuring  his  election ; 

V.  When  illegal  votes  have  been  received,  or  legal  votes 
rejected  at  the  polls  sufficient  to  change  the  result; 

VI.  For  any  error  in  any  board  of  canvassers  in  count- 
ing the  votes  or  declaring  the  result  of  the  election,  if  such 
error  would  change  the  result; 

'  VII.  For  any  other  cause  which  shows  that  another  was 
the  person  legally  elected. (a) 

164.  The  term  "incumbent"  in  this  act  means  the  person 
whom  the  canvassers  declare  elected;  but  in  case  of  a  tie 
vote  either  party  may  contest  the  election,  in  which  case 
the  term  "incumbent"  means  the  person  having  an  equal 
number  of  votes  with  the  contestant. 

165.  When  the  misconduct  complained  of  is  on  the  part 
of  the  members  of  the  board  of  election  in  any  election 
district,  it  shall  not  be  held  sufficient  to  set  aside  the  elec- 
tion, unless  the  rejection  of  the  vote  of  such  district 
would  change  the  result  as  to  that  office. 

166.  The  contestant  shall  file  a  petition  in  writing  signed 
by  himself  and  at  least  fifteen  qualified  electors  of  the 
county,  township  or  municipality  in  and  for  which  such 
election  was  held,  as  the  case  may  be,  setting  forth  one  or 
more  of  the  causes  specified  and  the  particular  circum- 
stances of  the  case,  duly  verified  by  the  oaths  or  affirma- 
tions of  at  least  two  of  said  petitioners,  which  shall  be 
filed  with  the  clerk  of  said  court,  together  with  a  bond  to 
the  incumbent,  with  two  or  more  sureties,  to  be  approved 
by  the  justice  holding  such  circuit,  in  the  penal  sum  of  five 
hundred  dollars,  conditioned  to  pay  all  costs  in  case  the 
election  be  confirmed,  or  the  petition  be  dismissed  or  the 
prosecution  fail. 


Bribery. 


Illegal 
voting,   etc. 


Error  in 
canvassing. 


Other 
causes. 


Definition    of 
"incumbent" 


Effect    of 
misconduct 
of    board    of 
election. 


Contestant 
to    file 
petition    and 
bond. 


(a)     As  to  the  sufficiency  of  a  petition  filed  under  the  authority  of 
this  clause,  see  Oroth  v.  Schlemm,  23  Netc  Jersey  Late  Journal  238. 


86 


Contents    of 
petition. 


Time 
appointed 
for    hearine. 


Trial  at 
appointed 
time  unless 
adjourned. 


'Proceedings 
as  in  action 
at    law. 


Attendance 
of    witnesises 
and    produc- 
tion   of 
ballots,    etc., 
compulsory.. 


Witness 
compelled    to 
testify   as   to 
his    qualifi- 
cation   to 
vote,    etc. 


167.  When  the  reception  of  illegal  or  the  rejection  of 
legal  voters  is  alleged  as  a  cause  of  contest,  the  names  of 
the  persons  who  so  voted,  or  whose  votes  were  rejected, 
Vvith  the  election  district  where  they  voted,  or  offered  to 
vote,  shall  be  set  forth  in  the  petition,  if  known ;  the  court 
shall  appoint  a  suitable  time  for  hearing  such  complaint, 
not  more  than  thirty  nor  less  than  fifteen  days  thereafter; 
and  the  contestant  shall  cause  a  notice  of  such  trial,  with  a 
copy  of  the  contestant's  petition,  to  be  served  on  the  in- 
cumbent at  least  ten  days  before  the  day  set  for  trial. 

168.  The  trial  shall  proceed  at  the  time  appointed  unless 
postponed  for  good  cause  shown  by  either  party  by  affi- 
davit, the  terms  of  which  postponement  shall  be  in  the 
discretion  of  the  court;  provided,  the  court  may,  for  its 
own  necessity  or  convenience,  adjourn  to  such  time,  not 
more  than  thirty  days  thereafter,  as  it  may  see  fit,  of 
which  adjournment  the  parties  interested  shall  take  notice. 

169.  The  proceedings  shall  be  similar  to  those  in  an 
action  at  law  so  far  as  practicable,  but  shall  be  under  the 
control  and  direction  of  the  court,  which  shall  hear  and 
determine  the  matter  without  a  jury,  with  power  to  order 
any  amendments  in  the  petition  or  proceedings  as  to  form, 
and  to  allow  adjournments  to  any  time  not  more  than 
thirty  days  thereafter  for  the  benefit  of  either  party,  on 
such  terms  as  shall  seem  reasonable  to  the  court,  the 
grounds  for  such  adjournment  being  shown  by  affidavit. 

170.  The  said  court  shall  have  authority  and  power  to 
compel  the  attendance  of  any  officer  of  such  election,  and 
of  any  other  person  capable  of  testifying  concerning  the 
same,  and  also  to  compel  the  production  of  all  ballot-boxes, 
books,  papers,  tally  lists,  ballots  and  other  documents 
which  may  be  required  at  such  hearing;  the  style,  form 
and  manner  of  service  of  process  and  papers,  and  the  fees 
of  officers  and  witnesses,  shall  be  the  same  as  in  the  circuit 
court  in  other  cases,  as  far  as  the  nature  of  the  case  admits. 

171.  The  court  may  require  any  person  called  as  a  wit- 
ness who  voted  at  such  election,  to  answer  touching  his 
qualification  as  a  voter,  and  if  the  court,  from  his  examina- 
tion, or  otherwise,  is  satisfied  that  he  was  not  a  qualified 


87 


\oter  in  the  election  district  where  he  voted,  then  the  court 
can  compel  him  to  answer  for  whom  he  voted;  and  if  the 
witness  answers  such  questions  no  part  of  his  testimony 
on  the  trial  shall  be  used  against  him  in  any  criminal  pro- 
ceeding. 

172.  The  contestant  and  incumbent  shall  be  liable  to  the 
officers  and  witnesses  for  the  costs  made  by  them,  respec- 
tively ;  but  if  the  election  be  confirmed,  or  the  petition  dis- 
missed, or  the  prosecution  fail,  judgment  shall  be  rendered 
against  the  contestant  for  costs;  and  if  the  judgment  be 
against  the  incumbent,  or  the  election  be  set  aside,  then  he 
shall  pay  the  costs  at  the  discretion  of  the  court ;  and  after 
the  entry  of  the  judgment  of  the  court  the  costs  may  be 
collected  by  attachment  or  otherwise. 

173.  The  court  shall  pronounce  judgment  whether  the 
incumbent  or  any  contestant  was  duly  elected,  and  the  per- 
son so  declared  elected  will  be  entitled  to  his  certificate ;  if 
the  judgment  be  against  the  incumbent,  and  he  has  already 
received  the  certificate  of  election,  the  judgment  shall  annul 
it;  if  the  court  find  that  no  person  was  duly  elected,  the 
judgment  shall  be  that  the  election  be  set  aside. 

174.  When  either  the  contestant  or  incumbent  shall  be 
in  possession  of  the  office,  by  holding  over  or  otherwise, 
the  court  shall,  if  the  judgment  be  against  the  party  in 
possession  of  the  office,  and  in  favor  of  his  antagonist, 
issue  an  order  to  carry  into  effect  its  judgment,  which 
order  shall  be  under  the  seal  of  the  court,  and  shall  com- 
mand the  sheriff  of  the  county  to  put  the  successful  party 
into  possession  of  the  office  without  delay,  and  to  deliver 
to  him  all  books,  papers  and  effects  belonging  to  the  same. 

175.  The  party  against  whom  judgment  is  rendered  may 
appeal  for  error  of  law  only,  within  twenty  days,  to  the 
supreme  court,  (a)  but  such  appeal  shall  not  supersede 
the  execution  of  the  judgment  of  the  court,  unless  the 


Liability 
for   costs. 


Judgment 
given  by 
court. 


Successful 
party    to   bo 
put  into 
possession 
of    office. 


Appeal 
may    be 
taken    to 
supreme 
court. 


(a)  At  a  township  election  fourteen  ballots  were  cast,  on  which 
a  person  had  written  his  own  name  as  a  candidate  in  a  blank  space 
under  the  words  "Chosen  Freeholder."  Held,  that  the  question  whether 
these  ballots  were  invalid  as  marked  ballots  was  one  of  fact  for  the 
circuit  court,  in  proceedings  under  section  162,  and  that  the  decision 
•of  that  court  thereon  could  not  be  reviewed  on  appeal  to  Supreme 
Court.     Hackett  v    Mayheir,  33   TY.   481. 


88 


Appeal 
to    have 
precedence 
on    calendar. 


If   appeal    be 
affirmed, 
judgment    of 
circuit 
court   to    be 
enforced. 


party  so  appealing  shall  become  bound  to  the  other  party 
by  recognizance,  as  provided  in  the  thirteenth  section  of 
the  act  entitled  "An  act  respecting  writs  of  error"  (Revi- 
sion), approved  March  twenty-seventh,  eighteen  hundred 
and  seventy-four;  provided,  the  amount  of  such  recogniz- 
ance §hall  be  fixed  by  the  judge  who  presided  at  the  trial, 
and  shall  be  at  Jeast  double  the  probable  compensation  of 
such  officer  for  six  months. 

176.  Such  appeal  shall  take  precedence  over  all  other 
causes  upon  the  calendar,  and  shall  be  set  down  for  hear- 
ing, and  determined  upon  the  first  day  of  the  term,  unless 
otherwise  ordered  by  the  court  for  its  convenience;  pro- 
vided, that  the  appellant  shall  give  ten  days'  notice  of  argu- 
ment, unless  the  judgment  of  the  circuit  court  shall  not 
have  been  given  in  time  to  notice  such  appeal  for  trial  on 
the  first  day  of  the  term,  in  which  case  the  same  may  be 
noticed  for  any  other  day  in  the  term,  and  shall  have  the 
same  precedence  on  such  other  day. 

177.  If,  upon  appeal,  the  judgment  be  affirmed,  the 
judge  who  presided  at  the  trial,  or  in  his  absence  or 
inability  to  act,  any  justice  of  the  supreme  court,  shall 
order  the  judgment  of  said  circuit  court  to  be  enforced, 
if  the  party  against  whom  judgment  is  rendered  is  in 
possession  of  the  office;  and  the  proceedings  on  the  re- 
cognizance shall  be  as  provided  for  in  other  cases  in  said 
supreme  court. 


Compensation  of  Election  Officers  and  Expenses  of 
Election. 


Compensa- 
tion   to 
countj'   and 
municipal 
clerks. 


178.  Supplemented  by  P.  L.  191 1,  p.  283,  sees.  lo-ii. 
See  sec.  37,  post. 

179.  For  the  duties  and  services  imposed  upon  and  re- 
quired of  them  by  this  act,  the  county  clerks  of  the  several 
counties  and  the  clerks  of  the  dififererit  cities,  townships 
and  other  municipalities,  shall  be  paid  out  of  the  county 
funds  of  their  respective  counties,  or  .the  funds  of  their 
respective  municipalities,  as  the  case  may  be,  a  fair  and 
reasonable  compensation,  to  be  ascertained  and  determined, 


89 


in  the  cases  of  the  county  clerks,  by  the  boards  of  chosen 
freeholders  of  their  respective  counties,  and  in  case  of  said 
municipal  clerks,  by  the  governing  bodies  of  their  respec- 
tive cities,  townships  or  municipalities. 

1 80.  All  costs,  charges  and  expenses  incurred  by  the 
county  and  municipal  clerks  in  carrying  out  the  provisions 
cf  this  act  *  *  ♦  including  the  charges  and  expenses 
incurred  for  rooms  for  polling  places  and  fitting  up  and 
arranging  the  same,  the  compensation  of  the  district  boards 
of  registry  and  election  and  all  other  expenses 'incurred  by 
any  officer  or  person  duly  authorized  in  carrying  out  the 
provisions  of  this  act,  shall  be  regarded  as  election  ex- 
penses and  shall  be  paid  in  the  case  of  the  general  election 
or  any  special  election  held  in  and  for  the  w^hole  county,  by 
the  respective  counties,  and  in  case  of  all  other  elections 
by  the  respective  municipalities  in  and  for  which  they  are 
held,  in  the  same  manner  as  other  county  and  municipal 
expenses  are  paid;  but  all  bills  before  being  paid  shall  be 
itemized  and  verified  by  the  oath  of  the  claimant  and 
audited  and  approved  by  the  clerk  of  the  county,  township, 
city  or  municipaHty  w^ho  contracted  the  bill  charged  for; 
provided,  that  nothing  herein  contained  shall  be  construed 
as  permitting  compensation  to  any  election  agent  or  chal- 
lenger; and  the  board  of  freeholders  in  each  county  shall 
include  in  their  annual  tax  levy  a  sum  sufficient  to  pay  all 
the  election  expenses,  and  a  reasonable  compensation  for 
the  services  of  the  county  board  of  elections,  the  amount 
oi  which  shall  be  determined  by  the  board  of  chosen  free- 
holders ;  provided,  also,  that  the  member  of  said  county 
board  of  elections  who  shall  be  the  secretary  thereof,  may 
receive  an  additional  compensation  not  exceeding  oi^e-third 
cf  the  compensation  of  the  individual  members  of  said 
board,  except  in  counties  of  the  first  class,  where  there 
shall  be  a  clerk  of  said  board  who  shall  receive  such  com- 
pensation as  shall  be  fixed  by  said  board  of  freeholders; 
provided,  that  the  expense  of  the  advertising  and  publica- 
tion prescribed  by  section  seven  of  this  act  shall  be  charge- 
able to  and  paid  by  the  respective  townships,  cities  or  other 
municipalities  whose  clerks  shall  cause  the  prescribed  ad- 


Provision 
for    expenses 
incurred    by 
county    and 
municipal 
clerks    and 
other 
officers. 


See   sec.    10 
post. 


[Amended, 
P.    L.    1910, 
p.    474.] 


Proviso. 


Proviso. 


Proviso. 


90 


vertising  and  publicatioi),  and  the  board  or  body  having 
charge  of  th^  finances  pf  the  respective  townships,  cities 
or  other  municipaHties  shall  include  in  their  annual  tax 
levy  a  sum  sufficient  to  pay  the  expense  of  said  prescribed 
advertising  and  publication. 


Congressional  Districts. 


Election  of 
representa- 
tives. 


i8i.  [This  section  is  wholly  superseded  by  P.  L.  1912, 
chap.  411,  contained  in  section  239,  post.'] 

182.  Each  of  sajd  districts  shall  elect  one  person  to 
represent  this  state  in  the  house  of  representatives  of  the 
United  States,  which  election  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  in  November,  in  the  year  one 
thousand  eight  hundred  and  ninety-eight,  and  on  the  Tues- 
day next  after  the  first  Monday  in  November  in  each  sec- 
ond year  thereafter. 


Miscellaneous. 


Qualifica- 
tions  of 
representa- 
tives and 
presidential 
electors. 


What    offices 
are    incom- 
patible. 


183.  No  person  shall  be  elected  a  member  of  the  house 
of  representatives,  or  an  elector  of  president  and  vice- 
president,  who  shall  hold  any  office  of  trust  or  profit  under 
the  United  States ;  and  no  person  shall  be  elected  to  the 
office  of  such  elector  who  shall  hold  the  office  of  senator 
or  member  of  the  house  of  representatives  of  the  United 
States. 

184.  No  person  shall  hold  at  the  same  time  more  than 
one  of  the  following  offices :  Elector  of  president  and  vice- 
president  of  the  United  States,  member  of  the  house  of 
representatives  of  the  United  States,  member  of  the  senate 
or  of  the  general  assembly  of  this  state,  county  clerk,  regis- 
ter, surrogate,  sheriff  or  coroner;  and  if  any  person  who 
shall  have  been  elected  or  appointed  to  any  such  office 
shall,  during  the  term  for  which  he  shall  have  been  elected 
or  appointed,  be  elected  or  appointed  to  another  of  such 
offices,  and  shall  accept  the  same,  such  acceptance  shall  be 
deemed  to  make  vacant  the  office  to  which  he  shall  have 
been  previously  elected  or  appointed;  and  if  any  person 


91 


shall,  at  any  election,  be  elected  to  two  or  more  of  such 
offices,  he  shall  accept  but  one  of  the  same,  and  the  other 
or  others  shall  be  deemed  vacant. 

1 85.  When  by  the  provisions  of  any  statute  the  decision 
of  any  question  has  been  or  shall  be  submitted  to  the  deci- 
sion of  a  majority  of  the  legal  voters  of  this  state  or  of  any 

nbdivision  thereof ;  or  when  the  approval  of.  a  majority 
or"  the  legal  voters  of  this  state  or  of  any  subdivision 
thereof  is  required  in  any  statute  before  such  statute  takes 
effect  or  before  any  prescribed  action  or  proceeding  under 
such  statute  shall  be  valid  and  lawful,  it  is  hereby  declared 
that  the  intent  and  meaning  in  any  such  statute  of  the 
w  ords  ''legal  voters"  are  persons  entitled  to  vote,  and  who 
do  vote,  at  the  time  and  in  the  manner  prescribed  in  and 
by  such  statute  upon  the  question  or  proposition  sub- 
mitted ;  and  that  for  the  purpose  of  ascertaining  what  is  a 
majority  of  the  legal  voters  of  any  district  defined  in  such 
statute,  upon  the  proposition  therein  directed  to  be  sub- 
mitted, the  persons  who  do  not  vote  at  such  election  shall 
not  be. estimated,  counted  or  considered  for  the  purpose  of 
ascertaining  what  is  a  majority  of  the  legal  voters  in  such 
district,  with  respect  to  the  proposition  submitted;  such 
votes  shall  be  estimated  and  canvassed,  and  the  result 
thereof  determined  by  the  several  boards  of  election  and 
boards  of  canvassers  in  the  same  manner  as  the  results  of 
ether  elections  are  estimated,  canvassed  and  determined. 

186.  The  board  of  election  in  each  election  district,  the 
board  of  county  canvassers  in  each  county,  and  the  board 
of  state  canvassers  shall,  respectively,  possess  full  power 
and  authority  to  maintain  regularity  and  order,  and  to 
enforce  obedience  to  their  lawful  commands  during  their 
sessions  respectively;  and  if  any  person  shall  refuse  to 
obey  the  lawful  command  of  any  such  board,  or  by  dis- 
orderly conduct  in  their  hearing  or  presence  shall  interrupt 
or  disturb  their  proceedings,  they  may  by  an  order  in 
writing,  signed  by  the  chairman  and  attested  by  the  clerk 
of  such  board,  commit  the  person  so  offending  to  the  com- 
mon jail  of  the  county  in  which  they  shall  have  met,  for  a 
period  not  exceeding  three  days,  and  such  order  shall  be 


Who  are 
intended 
by  "legal 
voters"    in 
questions 
submitted 
for    decision. 


Police 
power  of 
state, 

county   and 
district 
boards. 


92 

executed  by  any  sheriff  or  constable  to  whom  the  same 
shall  be  delivered;  or  if  a  sheriff  or  constable  shall  not  be 
present  or  shall  refuse  to  act,  by  any  other  person  who 
shall  be  deputed  by  such  board  in  writing,  and  the  keeper 
of  such  jail  shall  receive  the  person  so  committed,  and 
safely  keep  him  for  such  time  as  shall  be  mentioned  in 
the  commitment. 

Betting,  etc.,  1 87.  No  person  shall  make,  lay  or  deposit  any  bet, 
unlawful.  wager  or  stake,  to  be  decided  by  the  result  of  any  election, 
by  the  election  or  defeat  of  one  or  more  persons  at  any 
election,  or  by  any  contingency  connected  with  or  growing 
out  of  any  election;  and  all  contracts  for  or  on  account  of 
any  money,  property  or  thing  in  action  so  bet,  wagered  or 
staked  shall  be  void ;  and  any  person  who  shall  pay,  deliver 
.  or  deposit  any  money,  property  or  thing  in  action  upon  the 
event  of  any  bet,  wager  or  stake  prohibited  by  this  section, 
may  sue  for  and  recover  the  same  of  the  winner  or  win- 
ners, or  person  or  persons,  to  whom  the  same,  or  any 
part  thereof,  shall  have  been  paid  or  delivered,  or  with 
whom  the  same,  or  any  part  thereof,  shall  have  been  de- 
posited, whether  he  or  they  shall  have  been  a  stakeholder 
or  stakeholders,  or  other  person  or  persons,  whether  or 
not  the  same  shall  have  been  paid  over  by  such  stake- 
holder, or  whether  or  not  such  bet,  wager  or  stake  shall 
have  been  lost. 


Crimes  and  Penalties. 

Penalty   for         188.  If  any  person  shall  be  guilty  of  willful  and  corrupt 
falsely.  false  Swearing  or  affirming,  or  by  any  means  shall  willfully 

and  corruptly  suborn  or  procure  any  person  to  swear  or 
affirm  falsely,  in  taking^  any  oath,  affirmation  or  deposi- 
tion prescribed  or  authorized  by  this  act,  he  shall  be 
deemed  and  taken  to  be  guilty  of  a  high  misdemeanor,  and, 
on  conviction  thereof,  shall  be  punished  by  a  fine  not  ex- 
ceeding eight  hundred  dollars  or  imprisonment  at  hard 
labor  not  exceeding  seven  years,  or  both,  at  the  discretion 
of  the  court,  and  be  deemed  and  taken  to  be  an  incompe- 


93 

tent  witness  thereafter  for  any  purpose  within  this  state, 
until  such  time  as  he  shall  have  been  pardoned. 

189.  Supplemented  by  P.  L.  191 1,  c.  188,  sec.  31.     See 
paragraph  409,  post. 

190.  If  any  person  shall  rob  or  plunder  any  ballot-box,   Penalty  for 
cr  unlawfully  and  by  stealth  or  violence  take  the  same  or    bauot-boxes, 
remove  therefrom  any  ballot     *     *     *     qj-  other  paper,  ^*^- 

or  exchange,  alter  or  destroy  any  ballot  *  *  *  or 
other  paper  contained  therein,  or  if  any  person  other  than 
the  clerk  of  any  county  or  the  secretary  of  state,  shall 
willfully  and  corruptly  suppress,  withhold,  mutilate,  de- 
stroy, alter  or  change  any  return,  stattment  or  certificate, 
or  any  copy  thereof,  which  shall  have  been  made  in  pur- 
suance of  this  act,  and  delivered  to  him  to  be  filed,  or 
which  shall  have  been  entrusted  or  delivered  to  him  to 
be  delivered  or  transmitted  to  any  other  person  or  persons 
in  pursuance  of  this  act,  every  such  person,  his  aiders,  pro- 
curers and  abettors,  shall  be  deemed  and  taken  to  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  at  hard  labor  for  any  term  not  exceeding 
two  years,  or  both. 

191.  Supplemented  by  P.  L.  191 1,  c,  188,  sec.  31.     See 
paragraph  409,  post. 

192.  In  addition  to  the  penalties  provided  by  law  for  the    Penalty  for 
unlawful  sale  or  offer  to  sell  or  exposure  for  sale  of  any   l^^^^^  qq 
spirituous,   vinous,   malt   or   intoxicating  liquors   on   any    election  day. 
election  day,  every  person  so  offending,  for  every  offense, 

shall  forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  be 
sued  for  and  recovered  in  an  action  of  debt  in  any  court 
having  jurisdiction  of  that  amount,  by  any  citizen  of  this 
state,  resident  in  the  county  where  such  offense  shall  be 
committed,  one-half  of  which  penalty  shall,  when  col- 
lected, be  paid  to  the  county  collector  of  said  county  where 
said  offense  is  committed  for  the  benefit  of  said  county, 
and  the  other  half  to  the  person  who  shall  prosecute  for 
the  same. 

o    •    .  .  1  .  .        .  ,.  Penalty  for 

193.  Spirituous,    vinous,    malt    or    intoxicating    liquors    having 
shall  not  be  brought  by  any  person  into  the  poUing  place    pomng  ^piac-e. 


94 


Duty    of 
peace 

officers   re- 
garding   sale 
of    liquor    on 
election    day. 


Penalty  for 
destroying 
certificate  of 
nomination, 
etc. 


Penalty  for 
hindering 
voters, 
destroying 
ballots,  etc. 


on  the  day  of  election,  or  on  any  day  of  registry  during 
the  hours  that  the  election  or  registration  is  in  progress, 
nor  during  the  counting  or  canvassing  of  the  votes ;  any 
violation  of  the  provisions  of  this  section  shall  be  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  one  hundred 
dollars  or  imprisonment  not  exceeding  two  months,  or  both. 

194.  It  shall  be  the  duty  of  all  sheriffs,  under-sheriffs, 
police  officers  and  constables,  on  any  election  day,  during 
the  hours  of  election,  to  arrest  without  warrant  all  persons 
who  shall  be  found  by  them  in  the  actual  violation  of  any 
law  prohibiting  the  sale,  or  offer  to  sell  or  exposure  for 
sale,  of  any  spirituous,  vinous,  malt  or  intoxicating  liquors 
on  any  election  day,  and  take  such  person  when  arrested 
before  some  recorder,  police  justice  or  justice  of  the  peace 
of  the  county  in  which  such  arrest  shall  be  made,  to  be, 
dealt  with  by  him  according  to  law ;  and  it  shall  be  the  fur- 
ther duty  of  such  sheriffs,  under-sheriffs,  police  officers 
and  constables,  to  effectually  close  up  all  places  where  they 
shall  have  good  reason  to  believe  any  spirituous,  vinous  or 
malt  liquors,  ale,  beer  or  cider,  are  being  sold  or  oft'ered  or 
exposed  for  sale  or  given  away,  and  keep  the  same  effectu- 
ally closed  up  till  after  such  election. 

195.  No  person  shall  falsely  make,  or  make  oath  to,  or 
fiaudulently  deface  or  fraudulently  destroy  any  certificate 
of  nomination  or  petition,  or  any  part  thereof,  or  file,  or 
receive  for  filing,  any  certificate  of  nomination  or  petition, 
knowing  the  same  or  any  part  thereof  to  be  falsely  made, 
or  suppress  any  certificate  of  nomination  or  petition  which 
has  been  duly  filed,  or  any  part  thereof,  or  forge  or  falsely 
make  the  official  indorsement  of  any  ballot;  *  '^'  * 
every  person  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  imprisonment  for  not 
more  than  five  years. 

196.  No  person  shall,  during  the  election,  with  intent  to 
hinder  or  delay  said  election,  or  to  hinder  or  delay  any 
voter  in  the  preparation  of  his  ballot,  remove  or  destroy 
any  of  the  ballots  or  pencils  placed  in  the  booths  or  com- 


95 


partments  for  the  purpose  of  enabling  the  voter  to  pre- 
pare his  ballot;  *  *  *  any  person  willfully  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  rrrfsdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  fine  not  exceeding  five  hundred  dollars  and  im- 
IiriKonment  until  such  fine  and  the  costs  of  the  conviction' 
afe  paid. 

197.  Supplemented  by  P.  L.  191 1,  chap.  188,  sec.  31. 
See  paragraph  409,  post, 

198.  No  person  shall,  within  the  polling-room,  show  his 
ballot  after  it  is  prepared  for  voting  to  any  person  in  such 
a  way  as  to  reveal  the  contents,  nor  shall  any  person  within 
the  polling-place  or  within  a  hundred  feet  thereof  solicit 
the  voter  to  show  the  same ;  no  voter,  at  any  election  where 
official  ballots  are  used,  shall  knowingly  vote  or  offer  to 
vote  any  ballot  except  an  official  ballot  *  *  *  as  by 
this  act  required,  nor  shall  any  voter  at  any  election  where 
official  ballots  are  not  used,  vote  or  ofifer  to  vote  any  ballot ; 
*  *  *  any  person  violating  any  of  the  foregoing  provi- 
sions of  this  section  shall  incur  a  penalty  of  twenty-five 
dollars  for  each  offense,  to  be  recovered  by  action  of  tort, 
before  any  court  of  competent  jurisdiction,  by  any  person 
who  bona  fide  shall  first  bring  suit  therefor ;  no  voter  shall 
place  or  permit  to  be  placed  any  mark  upon  the  face  or 
back  of  his  ballot  ^  *  *  by  which  the  ballot  *  *  * 
may  afterwards  be  identified  by  any  other  person  as  the 
one  voted  by  him ;  whoever  shall  violate  this  last-mentioned 
provision  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  imprisonment  not 
exceeding  one  year,  or  both,  at  the  discretion  of  the  court. 

199.  If  any  printer  employed  by  any  county  or  munici- 
pal clerk  to  print  the  official  ballots  *  *  *  fQj.  such 
clerk,  or  any  person  engaged  in  printing  the  same,  shall 
appropriate  to  himself  or  give  or  deliver  or  knowingly  per- 
mit to  be  taken  any  of  said  ballots  *  *  *  by  any  other 
person  than  such  county  or  municipal  clerk  or  his  duly 
authorized  agent,  or  shall  print  or  cause  to  be  printed  any 
official  ballot     '''     *     *     in  any  other  form  than  that  pre- 


Penalty   upon 
voter    for 
revealing 
contents   of 
his   ballot. 


For   not 
using 
official 
ballots. 


For   marking 
ballot. 


Penalty  for 
violation    of 
duty   by 
printer. 


96 


Penalty  for 

marking 

ballots. 


Penalty    if 
member    of 
board  re- 
veals how 
any    person 
has    voted. 


scribed  by  such  county  or  municipal  clerk,  or  with  any 
other  names  thereon,  or  with  the  names  spelled  or  the 
names  or  printing  thereon  arranged  in  any  other  way  than 
that  authorized  and  directed  by  this  act,  such  person  so 
offending  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  a  fine  not  exceeding 
one  thousand  dollars  or  imprisonment  not  exceeding  five 
years,  at  the  discretion  of  the  court. 

200.  If  any  person  shall  write,  paste  or  otherwise  place 
upon  any  official  ballot  *  *  *  ^ny  mark,  sign  or  de- 
vice of  any  kind  as  a  distinguishing  mark  whereby  to  indi- 
cate to  any  member  of  any  election  board  or  other  person 
how  any  voter  has  voted  at  any  election,  or  if  any  person 
shall  induce  or  attempt  to  induce  any  voter  to  write,  paste 
or  otherwise  place  on  his  ballot  *  ^k  *  ^j^y  mark, 
sign  or  device  of  any  kind,  as  a  distinguishing  mark  by 
which  to  indicate  to  any  member  of  any  election  board  or 
other  person  how  such  voter  has  voted,  or  shall  enter  into 
or  attempt  to  form  any  agreement  or  conspiracy  with  any 
other  person  to  induce  or  attempt  to  induce  voters  or  any 
voter  to  so  place  any  distinguishing  mark,  sign  or  device 
on  his  ballot,  ^  *  *  whether  or  not  said  act  be  com- 
mitted, or  attempted  to  be  committed,  such  person  or  per- 
sons so  offending  shall  be  guilty  of  a  misdemeanor,  and 
being  thereof  convicted,  shall  be  punished  by  fine  not  ex- 
ceeding five  hundred  dollars  or  imprisonment  not  exceed- 
ing one  year,  or  both,  at  the  discretion  of  the  court. 

201.  If  any  member  of  any  board  of  election  have  knowl- 
edge how  any  person  has  voted  and  shall  reveal  such 
knowledge  to  any  other  person,  or  shall  fraudulently  or 
corruptly  disclose  what  other  candidates  were  voted  for 
en  any  ballot  bearing  a  name  not  printed  thereon,  or 
fraudulently  or  corruptly  give  any  information  concerning 
the  appearance  of  any  ballot  *  *  *  voted,  such  per- 
son so  offending  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  punished  by  a  fine  not  exceed- 
ing two  thousand  dollars  or  imprisonment  not  exceeding 
five  years. 


97 


202.  If  any  person  shall,  directly  or  indirectly,  by  him- 
self or  by  any  other  person  in  his  behalf,  give,  lend  or  agree 
to  give  or  lend,  or  shall  offer,  promise  or  promise  to  pro- 
cure, or  endeavor  to  procure,  any  money  or  other  valuable 
consideration  or  thing  to  or  for  any  voter,  or  to  or  for  any 
person,  in  order  to  induce  any  voter  to  vote  or  refrain 
from  registering  for  any  election,  or  shall  corruptly  do  or 
commit  any  of  the  acts  in  this  section  mentioned  on  account 
of  any  such  voter  having  voted  or  refrained  from  voting 
at  an  election,  or  registered  or  refrained  from  registering 
at  an  election,  such  person  so  offending  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  pun- 
ished by  a  fine  and  imprisonment,  or  both,  at  the  discre- 
tion of  the  court,  the  fine  not  to  exceed  two  thousand  dol- 
lars, and  the  imprisonment  not  to  exceed  five  years. 

203.  Any  person  who  shall  directly  or  indirectly,  by 
himself  or  by  any  other  person  in  his  behalf,  give  or  pro- 
cure, or  agree  to  give  or  procure  or  offer  or  promise  to 
procure,  or  endeavor  to  procure  any  office,  place  or  em- 
ployment to  or  for  any  voter,  or  to  or  for  any  person  on 
behalf  of  such  voter,  or  to  or  for  any  other  person,  in 
order  to  induce  such  voter  to  vote  or  refrain  from  voting, 
or  to  register  or  refrain  from  registering,  or  shall  cor- 
ruptly do  any  act  as  aforesaid  on  account  of  any  voter 
having  voted  or  refrained  from  voting,  or  having  regis- 
tered or  refrained  from  registering  for  any  election,  shall 
be  guilty  of  a  misdemeanor,  and  being  thereof  convicted, 
shall  be  punished  by  fine  not  exceeding  two  thousand  dol- 
lars, or  imprisonment  not  exceeding  five  years,  at  the  dis- 
cretion of  the  court. 

204.  Supplemented  by  P.  L.  191 1,  chap.  188,  sec.  25  (i). 
Paragraph  403,  post. 

205.  Any  voter  who  shall  directly  or  indirectly,  by  him- 
self, or  by  any  other  person  on  his  behalf,  receive,  agree 
or  contract  for  any  money,  gift,  loan  or  valuable  consid- 
eration, office,  place  or  employment  for  himself  or  for  any 
other  person  for  voting  or  agreeing  to  vote,  or  for  refrain- 
ing or  agreeing  to  refrain  from  voting  at  any  election,  or 
for  registering  or  agreeing  to  register,  or  for  refraining  or 


Penalty  for 
inducing 
person    to 
vote    or    re- 
frain from 
registering 
by  promise 
of    reward. 


Penalty  for 
promise  of 
employ- 
ment,  etc., 


to  a  voter. 
Penalty  for 
agreeing  to 
receive 
money,  em- 
ployment, 
etc. 


9S 


Penalty  for 
influencing 
an    employe 
by    threat, 
etG. 


Penalty  for 
obstructing 
polling 
place. 


for  agreeing  to  refrain  from  registering  for  any  election, 
shall  be  guilty  of  a  misdemeanor,  and  being  thereof  con- 
victed, shall  be  punished  by  fine  not  exceeding  one  thou- 
sand dollars,  or  imprisonment  for  not  longer  than  one 
year,  at  the  discretion  of  the  court. 


206.  Any  employer  of  any  workmen,  or  any  agent,  su- 
perintendent or  overseer  of  any  company  or  corporation 
employing  workmen,  or  any  person  whosoever,  who  shall 
directly  or  indirectly,  by  himself  or  by  any  other  person 
in  his  behalf  or  by  his  direction,  make  use  of  or  threaten 
to  make  use  of  any  force,  violence  or  restraint,  or  inflict 
cr  threaten  to  inflict  by  himself  or  by  any  other  person 
any  injury,  damage,  harm,  or  loss  against  any  person  or 
persons  in  his  employ,  in  order  to  induce  or  compel  such 
employe  or  employes  to  vote  or  refrain  from  voting  for 
any  particular  candidate  or  candidates  at  any  election,  or 
on  account  of  such  employe  or  employes  having  voted  or 
refrained  from  voting  for  any  particular  candidate  or  can- 
didates at  any  election,  or  who  shall,  by  any  sort  of  duress, 
constraint  or  improper  influence  or  by  any  fraudulent  or 
improper  device,  contrivance  or  scheme,  impede,  hinder 
or  prevent  the  free  exercise  of  the  franchise  of  any  voter 
at  any  election,  or  shall  thereby  compel,  induce  or  prevail 
upon  any  voter  to  vote  for  or  against  any  particular  can- 
didate or  candidates  at  any  election,  shall  be  guilty  of  a 
misdemeanor,  and,  being  thereof  convicted,  shall  be  pun- 
ished by  a  fine  not  exceeding  two  thousand  dollars,  or 
imprisonment  not  exceeding  five  years,  or  both,  at  the 
discretion  of  the  court  before  which  conviction  is  had. 

207.  If  any  person  shall  on  election  day  obstruct  the 
entrance  to  any  polling-place,  or  shall  obstruct  or  interfere 
v/ith  any  voter,  or  do  any  electioneering  within  any  polling 
place,  or  publicly  within  one  hundred  feet  of  any  polling 
place,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  fifty  dollars. 

208.  Supplemented  by  P.  L.  191 1,  p.  319,  sec.  61.  See 
paragraph  366,  post. 


99 


20Q.  Any  person  who  shall  remove,  destroy  or  mutilate   Penalty  for 

^  J    f^  '  -'  removing 

any  registry  list  or  copy  thereof,  or  who  shall  before  such    registry  Ust, 

election  closes,   remove,   destroy  or  mutilate  any  list  of 

voters  posted  in  accordance  with  this  act,  shall  be  guilty 

of  a  misdemeanor,  and  shall  be  punished,  on  conviction 

thereof,  by  a  fine  of  not  more  than  one  thousand  dollars 

or  imprisonment  for  not  more  than  two  years. 

210.  Supplemented  by  P.  L.   191 1,  chap.   188,  sec.  21. 
See  paragraph  399,  post. 

211.  If  proof  be  made  before  any  justice  of  the  peace^    investiga- 
recorder  or  police  justice  of   facts  constituting  probable    pr^JJ,abie 
cause  for  believing-  that  this  act  has  been  violated,  and    cause  that 

°  this   act  has 

that  any  person  or  persons  have  knowledge  of  the  circum- 
stances connected  therewith,  it  shall  be  the  duty  of  said 
justice  or  recorder  to  issue  process  of  subpoena  for  the 
appearance  of  such  person  or  persons  other  than  the 
accused  before  him,  to  be  examined  touching  the  same; 
provided,  that  the  lawful  expenses  of  such  subpoena  and 
examination  shall  be  paid  by  the  applicant  therefor,  and 
such  evidence  shall  be  filed  with  the  clerk  of  the  county,  to 
be  used  before  the  grand  jury;  and  provided  further,  that  Proviso 
no  such  process  of  subpoena  shall  be  issued  or  served  nor 
any  such  examination  held,  on  the  dav  of  election. 


been 
violated. 


212.  In  addition  to  the  penalties  provided  for  violations    i^sfran- 

.   .  ,  .  ,  chisement 

oi  any  of  the  provisions  of  this  act,  the  court  imposing  may  be 
such  penalties  may  add  thereto  that  such  oflFender  be  a^peiTaity.^ 
thenceforth  disfranchised  as  a  voter  and  disqualified  to 
hold  any  office  of  trust  or  profit  within  this  state  for  such 
length  of  time  as  such  court  may  deem  proper;  (a)  pro- 
vided, nevertheless,  that  nothing  in  this  act  contained  shall 
be  held  or  construed  to  in  anywise  absolve  or  relieve  any 
person  or  persons  from  any  liability,  penalty,  prosecution, 
indictment  or  punishment,  for  or  on  account  of  any  viola- 
tion of  any  law  in  force  at  the  time  of  the  passage  of  this 
act. 


Proviso. 


(a)  This  section  is  unconstitutional  because  it  attempts  to  add  to 
the  qualifications  of  voters  as  prescribed  by  the  constitution.  State 
V.  Garrigan,  35  'S .  J.  Law  Journal,  p.-106. 


lOO 


On  trial 

of    any 

indictmeiit 

witness 

must 

answer 

questions 

deemed 

proper   by 

the    court. 


213.  On  the  trial  of  any  indictment  against  any  person 
or  persons  for  violation  of  any  of  the  provisions  of  this  act, 
all  witnesses  sworn  on  any  such  trial  shall  truly  answer 
all  questions  put  to  them  which  the  court  shall  decide  to 
be  proper  and  pertinent  to  the  issue  involved ;  and  no  wit- 
ness shall  be  excused  from  answering  any  such  question  on 
the  ground  that  to  answer  the  same  might  or  would  in- 
criminate him,  or  might  or  would  tend  to  incriminate  him ; 
but  no  answer  or  answers  made  by  any  witness  to  any 
such  question  shall  be  used  or  admitted  in  evidence  in  any 
proceeding  against  said  witness,  except  in  case  of  a  crim- 
inal proceeding-  for  perjury  in  respect  to  his  answers  to 
such  questions. 


Primary  Elections. 


Who    may 
vote    at 
primary 
<;lections. 


Penalty  for 
false    voting 
at  primary. 


214.  No  person  not  at  the  time  entitled  to  vote,  by  the 
laws  of  this  state,  at  the  special,  general  and  local  elections 
held  in  this  state,  shall  vote  at  any  primary  meeting  or 
caucus  called,  or  held  by  any  political  party  or  political 
organization  of  this  state  for  the  nomination  or  selection  of 
persons  to  be  voted  for  at  any  such  elections,  nor  shall 
such  person  vote  unless  he  is  a  legal  resident  of  the  political 
"division  in  and  for  which  such  primary  meeting  or  caucus 
is  held. 

215.  If  any  person  not  entitled  to  vote  as  aforesaid 
shall  vote  or  offer  to  vote  at  any  such  primary  meeting 
or  caucus  knowing  or  having  reason  to  believe  himself  not 
entitled  to  vote  as  aforesaid,  or  if  any  person  or  persons 
shall  counsel  or  procure  anyone  to  vote  as  aforesaid,  know- 
ing or  having  reason  to  believe  such  voter  not  entitled  so 
to  vote,  or  if  any  person  having  voted  at  any  primary  meet- 
ing held  by  any  political  party  or  organization  to  nominate 
candidates  or  to  elect  delegates  to  nominate  candi- 
dates, to  be  voted  for  at  any  election,  shall  vote  or 
offer  to  vote  at  the  primary  meeting  held  by  any  other 
political  party  or  organization  held  to  nominate  candidates 
or  to  elect  delegates  to  nominate  candidates  to  be  voted 
for  at  the  same  election,  such  person  or  persons  shall  be 


lOI 

guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
for  each  offense  be  punished  by  imprisonment  at  hard 
labor  for  a  term  of  not  more  than  three  months,  or  by  a 
fine  of  not  more  than  one  hundred  dollars,  or  both,  at 
the  option  of  the  court. 

216.  This  section  repealed  by  P.  L.  1903,  page  628.  See 
paragraph  271,  post. 

217.  If  any  judge,  inspector,  clerk  or  other  officer  of  a   Jaudufent^ 
primary  election  as  aforesaid  shall  presume  to  act  in  such  a   actions  at 

^  -^  ^  primary. 

capacity  before  taking  and  subscribing  to  the  oath  or  affir- 
mation required  by  this  act,  or  shall  willfully  disregard  or 
violate  the  provisions  of  any  rule  duly  made  by  the  party 
of  which  he  is  a  member,  and  for  whom  he  is  acting,  for 
the  government  of  the  primary  elections  of  the  party,  or 
if  any  judge  or  inspector  of  any  primary  election  as  afore- 
said shall  knowingly  reject  the  vote  of  any  person  entitled 
to  vote  under  the  rules  of  the  said  party,  or  shall  know- 
iijgly  receive  the  vote  of  any  person  or  persons  not  quali- 
fied as  aforesaid,  or  if  any  judge,  inspector,  clerk  or  any 
other  officer  of  a  primary  election,  as  aforesaid,  shall  be 
guilty  of  any  willful  fraud  in  the  discharge  of  his  duties, 
1  y  destroying  or  defacing  ballots,  adding  ballots  to  the 
poll,  by  false  counting,  by  making  false  returns,  or  by  any 
act  or  thing  whatsoever,  the  person  or  persons  so  offend- 
ing shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  one 
year,  or  both,  at  the  discretion  of  the  court,  (a) 

218.  If  any  person   shall,   directly  or  indirectly,  give.   Penalty  for 

rr  •       ^        •  r  bribery,    etc.. 

oiter  or  promise  to  give  any  sum  or  sums  of  money  or  any  at  election 
valuable  thing  in  action,  victuals,  drink  or  preferment  or  °^  delegates, 
other  considerations,  by  way  of  fee,  reward,  gift  or  gra- 
tuity, or  other  valuable  present  or  reward  to  obtain,  pro- 
cure or  influence  the  opinion,  behavior,  vote  or  abstaining 
from  voting  for  the  election  of  any  delegate  to  any  con- 
vention of  any  political  party  of  this  state,  to  nominate 

(a)  This  sertion  does  not  apply  to  primaries  for  the  selection  of 
delegates  to  conventions  to  nominate  candidates,  but  only  to  primaries 
held  for  the  purpose  of  nominating  candidates  for  state,  city  ana 
county  officers.     Woodruff  v.  State,  25  N.  J.  L.  J.  ai6. 


-1         !-•      >      .»,»«>     ^0,*.3-> 


I  02 


any  candidate  or  candidates  for  member  of  the  legislature 
of  this  state,  for  any  member  of  congress  of  the  United 
States,  for  electors  for  President  and  Vice-President  of  the 
United  States,  for  governor  of  this  state,  or  for  any  candi- 
date for  any  office  in  any  county,  city,  town,  township  or 
borough  in  this  state ;  or  if  any  person  being  a  delegate  to 
any  polPitical  convention  to  nominate  candidates  for  any  of 
the  the  offices  named  in  this  act,  shall,  directly  or  indirectly, 
ask  for,  accept,  receive  or  take  any  sum  or  sums  of  money, 
or  other  valuable  consideration  by  way  of  fee,  reward,  gift 
or  gratuity,  or  other  valuable  consideration  for  the  giving 
or  refusing  to  give  his  vote  at  any  such  convention,  all 
and  every  of  such  persons  so  offering,  asking  or  receiving 
the  same,  in  either  case  aforesaid,  shall  be  deemed  and 
taken  to  be  guilty  of  misdemeanor,  and  on  conviction  there- 
of shall  be  punished  by  a  fine  or  imprisonment,  or  both,  at 
the  discretion  of  the  court;  said  fine  not  to  exceed  five 
hundred  dollars,  nor  such  imprisonment  six  months. 

Penalty  for  21Q,  Whoever  shall,  directlv  or  indirectly,  eive,  furnish, 

bribery    at  f        rr  •  '  .  . 

election.  supply,  offer  or  promise,  or  procure  to  be  given,  furnished, 

supplied,  offered  or  promised,  to  any  person  or  persons, 
any  money,  service,  preferment  or  valuable  thing  with  the 
intent  that  such  money  or  valuable  thing,  or  any  other 
money,  service,  preferment  or  valuable  thing  shall  be 
given,  offered,  promised  or  used,  by  any  person  or  per- 
sons, by  way  of  fee,  reward,  gift  or  gratuity,  for  giving 
or  refusing  to  give  any  vote  or  votes  of  any  citizen  of  this 
state,  at  any  election  of  any  public  officer,  state,  county  or 
municipal,  to  be  held  therein,  or  of  any  member  of  con- 
gress of  the  United  States,  of  electors  for  president  and 
vice-president  of  the  United  States,  or  at  any  election  of 
any  delegate  or  delegates  to  any  political  convention  to  be 
held  for  the  nomination  of  any  of  the  officers  aforesaid, 
or  by  way  of  gift,  gratuity  or  reward,  for  giving  or  with- 
holding the  vote  or  votes  of  any  delegate  or  delegates  at 
any  such  conventions,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  or 
imprisonment,  or  both;  such  fine  not  to  exceed  the  sum 


103 


of  ten  thousand  dollars,  and  such   imprisonment  not  to 
exceed  the  term  of  one  year. 

Of  Elections  by  Soldiers  and  Sailors  Absent  from  the 
State  in  Time  of  War. 


220.  Whenever  in  time  of  war  any  of  the  qualified  elec- 
tors of  this  state  shall  be  in  the  actual  military  service  of 
this  state,  or  of  the  United  States,  in  the  army  or  navy 
thereof,  by  the  authority  of  this  state,  or  under  a  requisi- 
tion from  the  president  of  the  United  States,  and  as  such 
shall  be  absent  from  the  election  districts  in  which  they 
reside,  on  the  days  appointed  by  law  for  holding  any  gen- 
eral, special  or  local  election  within  this  state,  or  within 
any  congressional  district,  county,  city,  borough,  town, 
township  or  municipality  therein,  such  electors  shall  be 
entitled,  at  such  times,  to  exercise  the  right  of  suffrage  in 
their  several  districts  in  the  manner  and  form  hereinafter 
prescribed. 

221.  Such  absent  elector  shall  by  an  instrument  in  writ- 
ing, executed  by  him  not  more  than  sixty  days  previous  to 
any  general  or  special  election  to  be  held  in  this  state, 
authorize  and  empower  any  elector  of  the  election  district 
in  which  the  said  absent  elector  shall  reside,  on  the  day 
of  said  election,  to  cast  for  him  his  vote  or  ballot,  in  the 
manner  prescribed  in  this  act,  for  all  officers  for  whom  he 
would  have  a  right  to  vote  if  he  were  present  at  such  elec- 
tion; said  instrument  shall  be  signed  by  such  absent  elec- 
tor, attested  by  two  subscribing  witnesses,  and  sworn  (or 
affirmed)  to  before  any  field  officer,  captain,  adjutant  or 
commander  of  any  regiment,  company,  battalion  or  de- 
tachment, or  of  any  vessel  or  naval  station  to  which  the 
said  absent  elector  may  belong  or  be  attached,  and  such 
officers  are  hereby  duly  authorized  to  administer  oaths  and 
affirmations  for  the  purposes  specified  in  this  act,  and  they 
shall  attach  to  their  signatures  their  official  designations. 

222.  The  said  absent  elector  shall  make  and  subscribe 
an  affidavit  in  the  form  or  of  the  effect  following: 

'T,  A.  B.,  do  solemnly  swear  (or  affirm)   that  I  am  a 


Right   of 
soldiers    an«1 
sailors   to 
vote. 


Absent 
elector   to 
designate 
certain 
voter    to    act 
for   him. 


Form  of 
affidavit. 


I04 


Ha  Hot 
prepared 
and    sent    to 
designated 
voter. 


Contents    of 
instrument. 


citizen  of  the  United  States,  that  I  am  now  of  the  age  of 
twenty-one  years,  that  I  have  been  (or  will  have  been)  a 
resident  of  the  state  of  New  Jersey  for  one  year,  and  of 

the  county  of for  five  months  next  preceding  the 

election  to  be  held  on  the day  of eighteen 

hundred  and ,  and  that  I  am  now  a  resident  of  the 


ward  of  the  city  (or  town)  of 


and  that  I 


am  (or  will  be)  in  all  respects  qualified  to  vote  in  said  city 
(or  town)  at  said  election,  and  until  said  election  intend  to 
be  a  resident  thereof;  and  I  do  further  swear  that  I  am 
in  the  actual  military  service  of  the  state  of  New  Jersey 
(or  of  the  United  States),  in  the  army  (or  navy)  thereof, 

and  that  I  am  a  member  of  company of  the 

regiment  (describing  the  organization  or  vessel  to  which 
he  belongs),  now  at  or  near ,  in  the  state  (or  terri- 
tory or  country)  of .  Sworn  to  and  subscribed  be- 
fore me  this day  of ,  anno  domini  eighteen 

hundred  and ." 

223.  The  said  absent  elector  in  the  service  as  aforesaid 
shall  prepare  and  fold  the  ballot  he  designs  to  cast  at  such 
election,  and  inclose  the  same,  together  \vith  the  instrument 
hereinbefore  described,  in  an  envelope,  duly  sealed,  having 
on  the  outside  thereof,  either  written  or  printed,  the  affi- 
davit prescribed  in  the  last  preceding  section  of  this  act, 
sworn  to  and  subscribed  as  therein  required;  the  said 
envelope,  prepared  as  aforesaid,  shall  be  inclosed  by  him 
in  another  envelope,  marked  "soldier's  (or  sailor's)  vote,'' 
sealed  and  directed  to  the  elector  empowered  by  the  afore- 
said instrument  to  cast  the  ballot  of  said  absent  elector, 
and  the  said  absent  elector  may  then  transmit  the  same  to 
the  person  to  whom  it  is  directed  by  mail  or  otherwise. 

224.  The  aforesaid  instrument  shall  be  in  the  words  or 
of  the  e'ffect  following,  namely: 

*T,  A.  B.,  a  resident  and  elector  of  the  ( ward  of 

the  city  (or  township),  or  as  the  case  may  be)  of , 

in  the  county  of ,  in  the  state  of  New  Jersey,  but 

absent  from  my  election  district  in  the  military  service  of 
the  state  of  New  Jersey  (or  of  the  United  States)  and 
now  at ,  in  the  state  of ,  in  company , 


105 


of    the 


regiment    of 


under    command    of 


,  do  hereby  authorize,  empower  and  direct  C.  D.,  of 

the  election  district  above  mentioned,  to  cast  for  me  the 
ballot  herewith  inclosed  at  the  election,  to  be  held  in  said 

election  district,  on  the day  of ,  anno  domini 

eighteen  hundred ,  in  the^  manner  provided  by  the 

laws  of  the  state  of  New  Jersey." 

225.  The  elector  to  whom  such  letter  shall  be  directed   Opening   of 

1  1  1  r    1         1         1     11  envelope    and 

may  open  the  outer  envelope  thereof,  but  he  shall  not  open  casting  of 
the  inner  envelope;  on  the  day  of  such  election,  and  be-  *^*^^°*- 
tween  the  opening  and  the  closing  of  the  polls  thereof  he 
shall  deliver  such  inner  envelope  to  the  board  of  election 
of  the  proper  election  district,  and  at  the  polls  thereof, 
and  if  the  person  whose  name  shall  be  signed  to  the  affi- 
davit on  the  outside  of  said  envelope  shall  be  determined 
by  the  said  board  of  election  to  be  a  duly-qualified  voter 
in  such  election  district,  said  envelope  shall  be  by  the  said 
board  publicly  opened,  and  the  vote  or  ballot  therein  con- 
tained shall  be  duly  deposited  in  the  ballot-box  prepared 
to  receive  the  ballots  of  voters,  and  the  name  of  such  ab- 
sent elector  shall  be  entered  upon  the  poll-list,  together 
with  the  name  of  the  person  delivering  the  ballot  at  the 
polls;  no  envelope  containing  a  soldier's  or  sailor's  ballot 
shall  be  opened  by  the  board  of  election  unless  the  name 
of  the  person  signing  the  affidavit  on  the  outside  of  said 
envelope  shall  be  found  upon  the  registry  list  of  the  dis- 
trict where  such  person  claims  to  reside,  or  unless  an 
affidavit  be  made  and  subscribed  by  a  voter  of  the  district, 
to  the  effect  that  he  knows  that  said  person  whose  vote 
is  so  offered  is  a  resident  of  said  district;  the  ballots  con- 
tained in  any  such  envelope  which  shall  have  been  opened 
or  unsealed  before  the  same  shall  have  been  delivered  to 
the  board  of  election,  shall  not.be  deposited  in  the  ballot- 
box,  but  shall  be  rejected. 

226.  The   affidavits   and   instruments  hereinbefore   de-    ah  affida- 
scribed,  and  all  envelopes  marked  "soldier's  or  sailor's"    preserred' 
votes,  not  opened  at  such  elections,  shall  be  kept  and  filed 

by  the  clerk  of  the  election  in  the  same  manner  and  place 


io6 


Postmaster 
to    take 
receipt. 


Oath  made 
when    pre- 
senting 
ballot. 


Penalty  for 
failure    to 
comply 
with  duties 
required. 


Penalty    for 
presentation 
of   false 
ballot. 


as  poll-lists  of  such  elections  are  required  by  law  to  be 
filed  and  kept. 

227.  Any  person  who  shall  be  entitled  to  receive  any 
letter  or  envelope  marked  as  herein  provided,  before  he 
shall  take  away  the  same,  shall  sign  and  deliver  to  the  post- 
master or  his  deputy  or  clerk,  a  receipt  therefor,  which 
receipt  shall  specify  how  many  such  letters  or  envelopes 
he  has  received,  and  otherwise,  as  far  as  may  be,  specify 
the  particulars  of  the  description  thereof ;  and  any  willful 
omission  to  comply  with  the  provisions  of  this  section 
shall  be  adjudged  a  misdemeanor,  and  any  person  con- 
victed thereof  shall  be  punished  accordingly. 

228.  The  person  to  whom  any  soldier's  or  sailor's  ballot 
shall  be  sent  as  herein  provided,  shall  at  the  time  of  deliv- 
ering the  same  to  the  board  of  election  to  be  deposited  in 
the  ballot-box,  also  present  his  oath  or  affirmation,  in  writ- 
ing, setting  forth  that  the  ballot  or  ballots  therewith  pre- 
sented have  been  received  by  him  to  deliver  to  said  board 
of  election,  and  that  he  has  not  in  any  manner  changed, 
altered  or  opened  the  said  ballot  or  ballots,  or  the  inner 
envelopes  thereof,  and  that  he  believes  the  same  have  not 
been  changed,  altered  or  opened  by  any  other  person. 

229.  Any  member  of  any  board  of  election,  and  any 
elector  to  whom  said  ballot  shall  be  sent,  who  shall  will- 
fully neglect  or  refuse  to  perform  any  of  the  duties  re- 
quired of  him  as  aforesaid,  or  who  shall  in  any  manner 
willfully  violate  or  abuse  any  trust  or  duty  hereby  im- 
posed, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  six  months,  or  both. 

230.  Every  person  who  shall  deliver  or  present  to  the 
board  of  election  under  this  act,  any  false,  forged,  altered 
or  changed  ballot,  envelope  or  instrument  of  any  such 
enlisted  elector,  provided  for  by  this  act,  knowing  the 
same  to  be  so  altered,  forged  or  changed,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 


I07 


cr  by  imprisonment  at  hard  labor  for  any  period  not  ex- 
ceeding two  years,  or  both. 

231.  Any  officer  of  this  state,  or  of  the  United  States, 
or  any  other  person,  who  shall  directly  or  indirectly  con- 
tiol,  or  attempt  to  control,  any  such  enlisted  elector  as 
aforesaid  in  the  exercise  of  any  of  his  rights  under  this 
act,  by  menace,  bribery,  fear  of  punishment,  hope  of  re- 
ward, or  any  other  corrupt  or  arbitrary  measure  or  resort 
v/hatever,  or  to  annoy,  injure  or  otherwise  punish  any  such 
absent  elector  for  the  manner  in  which  he  may  have  exer- 
cised any  such  right,  shall  be  deemed  guilty  of  an  offense 
against  the  government  and  dignity  of  this  state,  which 
shall  be  punished  as  a  misdemeanor,  and  for  which  he  may 
be  indicted  and  tried  at  any  future  time  when  he  may  be 
found  within  the  limits  of  this  state,  and  upon  conviction 
he  shall  be  punished  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  at  hard  labor  not  exceeding 
two  years,  or  both. 

232.  The  secretary  of  state  is  hereby  authorized  and 
required  to  prepare  and  have  printed,  at  the  cost  of  this 
slate,  the  necessary  blank  forms  and  envelopes  required  to 
carry  out  the  provisions  of  this  act  relative  to  the  voting 
of  enlisted  electors ;  and  shall  cause  the  affidavits  required 
by  this  act  to  be  printed  in  blank  upon  the  proper  envel- 
opes to  contain  the  instrument  required  by  this  act;  and 
shall  at  least  one  month  previous  to  any  general,  special  or 
local  election  cause  such  blank  forms  and  envelopes,  and 
copies  of  those  sections  of  this  act  relating  thereto,  to  be 
forwarded  to  the  several  regiments  from  this  state,  in  the 
service  of  this  state  or  of  the  United  States  in  the  field, 
and  to -the  several  hospitals,  posts  and  naval  stations,  in 
sufficient  quantity  to  furnish  one  copy  of  each  blank  form, 
envelope,  and  of  the  sections  of  this  act  required  to  be 
printed  as  aforesaid,  to  each  person  in  actual  military 
service  of  this  state,  or  of  the  United  States,  in  the  army 
or  navy  thereof,  from  this  state,  and  absent  therefrom; 
provided,  however,  that  such  absent  electors  shall  have  the 
right  to  vote  as  hereinabove  provided  without  being  re- 
quired to  use  an  official  ballot  or  envelope. 


Penalty  for 
influencing 
enlisted 
voter   by 
threat,   etc. 


Secretary 
of    state    to 
prepare 
necessary 
blanks,  etc. 


io8 


Repealer. 


Official 
ballots,    etc.. 
required 
in   local 
elections 
in  towns  and 
certain 
other   mu- 
nicipalities. 


Correction 
of    defective 
certificate,  or 
petition   of 
nomination 
authorized. 


233.  The  act  entitled  "An  act  to  regulate  elections," 
approved  April  eighteenth,  one  thousand  eight  hundred  and 
seventy-six,  and  all  acts  amendatory  thereof  and  supple- 
mental thereto,  and  all  acts  and  parts  of  acts,  general  and 
special,  inconsistent  with  this  act,  are  hereby  repealed, 
but  this  repealer  shall  not  revive  any  act  heretofore  re- 
pealed, and  this  act  shall  take"  effect  immediately;  pro- 
vided, that  the  members  of  any  county  board  of  elections 
and  members  of  any  district  board  of  registry  and  election, 
in  office,  shall  continue  in  office  until  the  time  or  times 
herein  provided  for  the  commencement  of  the  term  of 
office  of  their  successors. 

Supplement  of  April  i,  1902.    P.  L.  1902,  p.  235. 

234.  Sec.  I.  All  the  provisions  of  the  act  to  which  this 
act  is  a  supplement,  relating  to  the  nomination  of  candi- 
dates and  to  the  use  of  official  ballots,  *  *  *  shall 
apply  to  the  charter,  local,  municipal  and  special  elections 
in  all  of  the  towns  of  this  state  and  in  all  other  municipali- 
ties of  this  state  however  designated  or  governed  having 
v.:ithin  their  territorial  limits  a  population  of  more  than 
eight. thousand  inhabitants,  according  to  the  last  state  or 
federal  census,  in  the  same  manner  and  to  the  like  effect 
as  in  and  by  said  act  the  same  are  made  applicable  to  the 
charter,  local  or  special  elections  in  the  cities  of  this  state, 
anything  in  said  act  to  the  contrary  notwithstanding,  (a) 

Amendment  of  April  2,  1902.    P.  L.  1902,  p.  257. 

235.  Sec.  I.  It  shall  be  lawful  for  any  candidate,  the 
certificate  of  whose  nomination,  or  petition  for  whose 
nomination,  shall  have  been  filed  as  required  by  the  act 
entitled  "An  act  to  regulate  elections"  [Revision  of  1898], 
approved  April  fourth,  one  thousand  eight  hundred  and 
ninety-eight,  if  such  certificate  or  petition,  or  any  affidavit 
or  affidavits  thereto,  be  defective,  to  cause  such  certificate 
or  petition,  and  the  affidavit  or  affidavits  thereto,  to  be 
amended  in  matters  of  substance  or  of  form  as  may  be 
necessary,  or  such  amendment  or  amendments  may  be 
made  by  filing  a  new  or  'substitute  certificate  or  petition, 


(a)     This  act  enlarges  and  supersedes  the   supplement   contained   in 
P.  L.  1901,  p.   324.     See  note   (o)   to  section  So  ante. 


I09 

or  affidavit  or  affidavits,  and  the  same  when  so  amended 
shall  be  of  the  same  effect  as  if  originally  filed  in  said 
amended  form ;  provided^,  however,  that  every  amendment    Proviso, 
shall  be  made  at  least  five  days  before  the  election. 

236.  Sec.  2.  This  act  shall  be  liberally  construed  to  pro-   ^^^    ^^^ 
tect  the  interest  of  candidates.  construed. 

Apportionment  of  Members  of  General  Assembly. 

An  Act  to  apportion  the  members  of  the  general  assembly 
among  the  several  counties  of  this  state.  Approved 
April  21,  1911.     P.  L.  191 1,  p.  372.  ,pp^,,.,,. 

237.  Sec.   I.  Hereafter  the  several  counties  of  this  state   ^^"^^jg^s   of 
shall  be  entitled  to  elect  as  members  of  the  general  assem-    general 

.  assembly 

bly  the  number  herem  provided :  amongst  the 

The  county  of  Atlantic  shall  be  entitled  to  elect  two    ^ounttis. 
members ; 

The  county  of  Bergen  shall  be  entitled  to  elect  three 
members ; 

The  count}^  of  Burlington  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Camden  shall  be  entitled  to  elect  three 
members ; 

The  county  of  Cape  May  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Cumberland  shall  be  entitled  to  elect  one 
member ; 

The'  county  of  Essex  shall  be  entitled  to  elect  twelve     , 
members ; 

The  county  of  Gloucester  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Hudson  shall  be  entitled  to  elect  twelve 
members ; 

The  county  of  Hunterdon  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Mercer  shall  be  entitled  to  elect  three 
members ; 

The  county  of  Middlesex  shall  be  entitled  to  elect  three 
members : 


no 


Interpreta- 
tion  of  act. 


The  county  of  Monmouth  shall  be  entitled  to  elect  two 
members ; 

The  county  of  Morris  shall  be  entitled  to  elect  two 
members  ; 

The  county  of  Ocean  shall  be  entitled  to  elect  one 
member  ; 

The  couihty  of  Passaic  shall  be  entitled  to  elect  five 
members ; 

The  county  of  Salem  shall  be  entitled  to  elect  one 
member; 

The  county  of  Somerset  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Sussex  shall  be  entitled  to  elect  one 
member ; 

The  county  of  Union  shall  be  entitled  to  elect  three 
members ; 

The  county  of  Warren  shall  be  entitled  to  elect  one 
member. 

238.  Sec.  2.  In  the  interpretation  of  this  act  all  refer- 
ences to  counties  shall  be  taken  to  refer  to  the  counties  as 
they  exist  at  the  time  of  the  passage  of  this  act. 


Congressional  Districts. 


Congres- 
sional 
districts 
defined. 


An  Act  to  divide  the  State  of  New  Jersey  into  districts  for 
the  purpose  of  electing  members  of  the  House  of  Repre- 
sentatives of  the  United  States,  and  prescribing  the 
boundaries  of  such  districts.  Filed  April  16,  igi2.  P. 
L.  1912,  chapter  411. 
Be  it  enacted  by  the  Senate  and  General'  Assembly  of 

the  State  of  New  Jersey: 

239.  Sec.   I.  For  the  purpose  of  electing  members  of  the 

house  of  representatives  of  the  United  States  to  serve  in 

the  sixty-third  congress,  and  in  each  subsequent  congress, 

this  state  shall  be  divided  "into  twelve  districts,  as  follows, 

namely : 

First.  The  counties  of  Camden,  Gloucester  and  Salem 

shall  constitute  and  be  called  the  first  district ; 

Second.  The  counties  of  Cape  May,  Cumberland,  Atlan- 


Ill 


tic  and  Burlington  shall  constitute  and  be  called  the  second 
district ; 

Third.  The  counties  of  Middlesex,  Monmouth  and 
Ocean  shall  constitute  and  be  called  the  third  district ; 

Fourth.  The  counties  of  Hunterdon,  Somerset  and  Mer- 
cer shall  constitute  and  be  called  the  fourth  district ; 

Fifth.  The  counties  of  Union  and  Morris  shall  consti- 
tute and  be  called  the  fifth  district ; 

Sixth.  The  counties  of  Bergen  and  Sussex  and  Warren 
and  the  townships  of  Pompton  and  West  Milford  in  the 
county  of  Passaic,  shall  constitute  and  be  called  the  sixth 
district ; 

Seventh.  The  county  of  Passaic,  except  the  townships  of 
Pompton  and  West  Milford  in  the  said  county,  shall  con- 
stitute and  be  called  the  seventh  district; 

Eighth.  The  eighth,  eleventh  and  fifteenth  wards  of  the 
city  of  Newark,  the  towns  of  Belleville,  Bloomfield  and 
Nutley,  all  in  the  county  of  Essex,  and  the  towns  of  Harri- 
son and  Kearny,  the  borough  of  East  Newark,  the  seventh 
ward  of  the  city  of  Jersey  City,  and  the  city  of  Bayonne, 
all  in  the  county  of  Hudson,  shall  constitute  and  be  called 
the  eighth  district; 

Ninth.  The  cities  of  East  Orange  and  Orange,  and  the 
first,  third,  sixth,  seventh,  thirteenth  and  fourteenth  wards 
cf  the  city  of  Newark,  all  in  the  county  of  Essex,  shall 
constitute  and  be  called  the  ninth  district; 

Tenth.  The  second,  fourth,  fifth,  ninth,  tenth,  twelfth 
arid  sixteenth  wards  of  the  city  of  Newark,  the  towns  of 
Irvington,  Montclair  and  West  Orange,  the  boroughs  of 
Caldwell,  Essex  Fells,  Glen  Ridge,  North  Caldwell,  Rose- 
land,  Verona,  West  Caldwell,  and  the  townships  of  Cald- 
well, Cedar  Grove,  Livingston,  Millburn,  South  Orange 
and  the  village  of  South  Orange,  all  in  the  county  of  Essex, 
shall  constitute  and  be  called  the  tenth  district; 

Eleventh.  The  townships  of  Weehawken  and  North  Ber- 
gen, the  towns  of  Guttenberg,  West  Hoboken,  West  New 
York  and  Union  and  the  borough  of  Secaucus,  the  city  of 
Hoboken,  and  the  second  ward  in  the  city  of  Jersey  City, 


112 


Interpreta- 
tion  of  act. 


all  in  the  county  of  Hudson,  shall  constitute  and  be  called 
the  eleventh  district. 

Twelfth.  The  first,  third,  fourth,  fifth,  sixth,  eighth, 
ninth,  tenth,  eleventh  and  twelfth  wards  of  Jersey  City,  all 
in  the  county  of  Hudson,  shall  constitute  and  be  called  the 
tv/elfth  district. 

In  the  interpretation  of  this  act  all  reference  to  counties, 
cities,  boroughs,  townships,  wards,  election  districts,  and 
other  municipal  divisions  shall  be  taken  to  refer  to  such 
municipal  divisions  as  they  existed  on  the  first  day  of 
January,  A.  D.  nineteen  hundred  and  twelve. 


Primary  Elections. 


Selection  of 
delegates   at 
primaries. 
[Amended, 
P.    L.    1906, 
p.    503.] 


For  what 
oflaces. 


If  candidate 
in  one  ward 
or  township. 


Proviso. 


Supplement  of  April  14,  1903.     P.  L.  1903,  p.  603. 

240.  Sec.  I.  In  addition  to  the  elections  for  filling  pub- 
lic offices  that  now  are  or  hereafter  may  be  held  under  the 
laws  of  this  State,  there  shall  also  be  held  primary  elections 
for  the  selection  of  delegates  to  conventions  of  political 
parties,  and  for  the  nomination  of  candidates  for  certain 
public  offices,  as  hereinafter  provided;  all  candidates  of 
political  parties  for  the  following  offices,  to  wit:  Presi- 
dential electors,  governor,  members  of  congress,  members 
of  the  general  assembly,  members  of  the  state  senate, 
county  clerk,  surrogate,  register  of  deeds,  sheriflf,  county 
supervisor,  coroner,  mayor^and  for  all  elective  offices  in 
the  state  and  in  the  cities,  towns  or  other  municipalities  in 
this  state  to  be  voted  for  at  the  general  election  for  mem- 
bers of  assembly  by  the  voters  of  more  than  one  ward  or 
township,  shall  be  nominated  at  conventions  composed  of 
delegates  chosen  at  primary  elections  held  pursuant  to  this 
act ;  all  candidates  of  political  parties  for  office  to  be  vo{ed 
for  at  the  general  election  for  members  of  Assembly  by 
the  voters  of  a  single  ward  or  township  shall  be  nominated 
directly,  without  the  intervention  of  delegates  or  conven- 
tions at  primary  elections  held  pursuant  to  this  act;  pro- 
vided, that  in  cases  where  a  single  ward  or  township  shall 
constitute  an  assembly  district  candidates  for  member  of 
the  assembly  from  such  district  shall  be  nominated  at  con- 


113 

ventions  composed  of  delegates  chosen  at  primary  elections 
held  pursuant  to  this  act. 

241.  Sec.  2.  The  general  scheme  and  purpose  of  this    g^^^j^.^  ^^*°" 
act  shall  be  as  follows :  The  said  primary  elections  shall    mented  by 

PL     1911 

hereafter  be  conducted  at  public  expense;  such  primary  p.'  276, 

elections  for  all  political  parties  shall  be  held  at  the  same  ^^^-   ^^-     ' 

t'me  and  place ;  the  time  shall  be  the  second  registry  day,  ^^^^  ^^^ 

and  the  places  shall  be  the  places  of  holding  the  said  regis-  place, 
try  in  the  fall  of  each  year;  and  said  primary  elections 
shall  be  conducted  by  the  boards  of  registry  and  election 

in  a  manner  hereinafter  provided,  from  seven  o'clock  A.  „ 

^  '  How    con- 

M.  until  nine  o'clock  P.  M.,  and  substantially  as  general   ducted, 
elections  for  members  of  Assembly  are  now  conducted, 
with  official  ballots,  ballot-boxes,  registry  lists  and  polling 
booths.     *     *     *     The  clerk  of  the  city,  town,  township.   Primary 

•^  ^'    ballots. 

borough  or  other  municipality,  as  the  case  may  be,  shall 
prepare  the  primary  ballots  of  all  political  parties  from  the 
petition  filed  in  their  respective  offices  as  herein  provided. 
Not  less  than  ten  (except  as  hereinafter  provided)  voters 
of  any  political  party  may  file  w4th  the  municipal  clerk  of 
their  municipality  a   petition   endorsing:  any  member   of   Petition  for 

,     .  -.  .      f  ,.  ,  .         ,  .        .  ^    candidates. 

their  political  party  a.s  a  candidate  for  the  nomination  of 
said  party  to  public  office,  where  such  nomination  is  to  be 
made  at  the  primary  election  and  requesting  that  the  name 
of  the  person  so  endorsed  be  printed  upon  the  official  pri- 
mary ballot  of  such  political  party.     The  said  municipal   Official   bai- 
clerks  shall  prepare  official  ballots  for  each  political  party   pared^b^y 
for  the  said  primary  elections  from  the  names  of  the  per-   ^"^j^^f ^^^ 
sens   so   endorsed,  arranging  them   alphabetically,   or  in 
groups,  as  hereinafter  provided.     ******     jj^ 
addition  to  the  registry  lists  hereinbefore  provided,  there    Party 
shall  also  be  kept  two  books  or  lists,  one  for  each  political   books, 
party,  which  shall  be  called  and  labeled  Republican  Pri- 
mary Book,  and  Democratic  Primary  Book,  or  as  the  case 
may  be ;  the  board  of  registry  and  elections  shall  cause  the 
name  of  each  voter  at  said  primary  to  be  written  in  ink, 
in  the  primary  book  of  the  party  in  whose  ballot-box  his 
vote  is  deposited.     Each  of  these  primary  books  shall  be 
signed  by  the  members  of  the  board  of  registry  and  elec- 


114 


Voter's   name 
must    appear 
in   previous 
primary 
book. 


Primary 
books   open 
to  inspection. 


Its    cor- 
rection. 


Political 
party    and 
convention 
defined. 


Prepara- 
tion  of 
primary 
ballots. 


lions  and  delivered  by  said  board  to  the  clerk  of  the  mu- 
nicipality at  the  time  of  the  delivery  of  the  ballot-boxes; 
said  primary  books  shall  be  kept  by  said  clerk  until  the 
ensuing  primary  election,  and  then  delivered  by  him  to  the 
board  of  registry  and  elections  for  use  at  such  ensuing 
election.  At  any  primary  election  the  members  of  the 
board  conducting  the  primary  election  for  each  political 
party  shall  refuse  to  receive  the  vote  of  any  voter  offering 
to  vote  in  the  ballot-box  of  their  political  party,  if  the 
name  of  such  voter  appears  in  the  primary  book  of  the 
other  political  party  as  made  up  at  the  next  previous  pri- 
mary election.  [The  said  primary  books  shall  be  kept  by 
the  municipal  clerk  subject  to  public  inspection,  and  any 
voter  whose  name  appears  therein  may  apply  to  the  judge 
holding  the  circuit  court  for  his  county,  at  any  time  prior  to 
the  next  primary  election  to  have  his  name  stricken  from 
said  book;  and  said  judge  shall  have  power  to  hear  said 
application  in  a  summary  way,  at  such  time  and  upon  such 
notice  to  such  person  as  he  may  prescribe,  and  if  satisfied 
that  the  applying  voter's  nam.e  has  been  improperly  placed 
on  said  primary  book,  said  judge  may  make  an  order 
directing  the  municipal  clerk  to  erase  said  name  from  said 
primary  book,  and  said  clerk  shall  thereupon  erase  the 
same.] 

242.  Sec.  3.  A  political  party  within  the  meaning  of 
this  act  shall  be  a  political  party  which  at  the  election  for 
members  of  the  general  assembly  next  preceding  the  hold- 
ing of  any  primary  election  held  pursuant  to  this  act  polled 
for  members  of  the  general  assembly  at  least  five  per 
centum  of  the  total  vote  cast  in  the  territorial  district  or 
division  in  and  for  which  the  nominations  are  made  or 
delegates  are  chosen ;  the  word  "convention"  within  the 
meaning  of  this  act  shall  be  a  "convention  of  delegates"  or 
"nominating  body  of  a  political  party"  as  defined  in  sec- 
tion thirty-eight  of  the  act  to  which  this  act  is  a  further 
supplement. 

243.  Sec.  4.  The  official  primary  ballots  to  be  used  at 
all  primary  elections  held  pursuant  to  this  act  shall  be  pre- 
pared in  the  following  manner,  to  wit :  A  number  of  voters, 


115 


not  less  than  the  number  hereinafter  specified,  who  arc 
members  of  the  same  poHtical  party,  may  prepare  and 
sign,  with  their  names,  residences  and  postoffice  addresses, 
a  petition  addressed  to  the  clerk  of  such  municipality  as 
may  be  proper  pursuant  to  the  requirements  of  this  act, 
setting  forth  that  the  signers  are  qualified  voters  of  the 
township,  borough,  ward  or  election  district,  as  the  case 
may  be,  in  which  they  reside;  that  they  are  members  of  a 
political  party  (naming  the  same),  and  that  at  the  last 
election  for  members  of  the  general  assembly  preceding 
the  execution  of  said  petition  they  voted  for  a  majority 
of  the  candidates  whose  names  were  printed  in  the  first 
place  upon  the  ticket  of  such  party,  and  that  they  intend  to 
affiliate  with  said  party  at  the  ensuing  election;  that  they 
endorse  the  person  or  persons  named  in  their  petition  as 
candidate  or  candidates  for  nomination  for  the  office  or 
offices  therein  named,  and  that  they  request  the  said  clerk 
to  print  upon  the  official  primary  ballot  of  such  political 
party  the  name  of  the  person  or  persons  therein  mentioned 
as  the  candidate  or  candidates  for  such  nomination,  said 
petition  shall  further  state  the  residence  and  post-office 
address  of  each  person  so  endorsed,  and  shall  certify  that 
the  person  or  persons  so  endorsed  is  or  are  legally  quali- 
fied under  the  laws  of  this  State  to  be  nominated ;  each  of 
the  said  petitions  shall  be  verified  by  the  oath  or  affirma- 
tion of  one  or  more  of  the  signers  thereof,  taken  and  sub- 
scribed before  a  person  qualified  under  the  laws  of  New 
Jersey  to  administer  an  oath,  to  the  effect  that  such  peti- 
tion is  signed  in  their  own  proper  handwriting  by  each  of 
the  signers  thereof;  that  such  signers,  are  to  the  best  of 
their  knowledge  and  belief  of  the  affiant,  legal  voters  of 
the  said  township,  borough,  ward  or  election  district,  as 
the  case  may  be,  as  stated  in  said  petition,  belong  to  the 
political  party  named  in  said  petition,  and  that  such  peti- 
tion is  prepared  and  filed  in  absolute  good  faith  for  the 
sole  purpose  of  endorsing  the  person  or  persons  therein 
named,  in  order  to  secure  his  or  their  nomination  or  selec- 
tion as  stated  in  said  petition;  provided,  that  if  the  said 
candidate  or  candidates  for  nomination  for  the  office  or 


[Amended. 
P.    L.    1912, 
p.    776.] 


Petition  ; 
what  to 
contain. 


Petition 
verified. 


Proviso. 


ii6 

offices  in  said  petition  named,  are  to  be  voted  for  through- 
out an  entire  township,  borough,  or  ward  then  there  must 
be  at  least  twenty-five  signers  to  any  such  petition  all  of 
whom  must  be  resident  of  the  said  township,  borough  or 
ward;  and  if  said  candidate  or  candidates  for  nomination 
are  to  be  voted  for  only  in  a  single  election  district  or  in  a 
tcwnship,  borough,  or  ward  which  contains  but  one  elec- 
tion district,  then  there  must  be  at  least  ten  signers  to  any 
such  petition,  all  of  whom  must  be  resident  in  the  said  elec- 
Proviso.  tion  district;  provided  further,  that  the  number  of  signers 

to  any  such  petition  in  any  case  need  not  exceed  five  per 
centum  in  number  of  the  total  vote  cast  at  the  last  election 
for  members  of  the  general  assembly  in  said  township, 
borough,  ward  or  election  district,  as  the  case  may  be ;  and 
Proviso.  provided  further,  that  the  signers  to  any  single  petition 

shall  not  therein  endorse  or  recommend  more  persons  as 
candidates  for  the  position  than  are  to  be  chosen  at  the 
ensuing  primary  election  in  the  township,  borough,  ward 
or  election  district,  as  the  case  may  be,  in  which  the  signers 
to  said  petition  reside,  nor  shall  said  signers  endorse  more 
persons  as  candidates  for  nomination  to  office  than  are  to 
be  elected  in  the  township,  borough,  ward  or  election  dis- 
trict, as  the  case  may  be,  in  w^hich  such  signers  reside; 
said  petitions  shall  be  filed  with  the  municipal  clerk  not 
less  than  twenty  days  prior  to  said  primary  election. 
Certificate  of       244.  Sec.  5.  Accompanying   said   petition  each   person 
^o^accom-^       endorsed  therein  shall  file  a  certificate,  stating  that  he  is 
^°'!^Z  ^    qualified  for  the  office  mentioned  in  said  petition;  that  he 

petition    and       ^  .  ^    .        . 

the  form         consents  to  stand  as  a  candidate  for  nomination  at  the 

ensuing  primary  election,  and  that  if  nominated,  he  agrees 

to  accept  the  nomination ;  the  name  of  any  person  endorsed 

as  aforesaid  who  shall  fail  to  certify  his  consent  and  agree- 

m.ent  as  aforesaid  shall  not  be  printed  upon  the  ballots  to 

be  used  at  such  primary  election. 
C'ty  and  ^         -    _  .         . 

county   com-        245.  Sec.  6.  In  any  county  m  this  state  the  county  or 

Sected  at  ^ity  committee  of  any  political  party  shall  be  hereafter 

'^r^ti^o^ns  elected  at  the  primary  elections  herein  provided  for,  and 

[Amended,  the  members  of  such  county  or  city  committee  shall  be 

p.  159.]  '     elected  by  election  districts  at  such  primary  elections  in 


117 


the  manner  provided  in  this  act  for  the  selection  of  party 
candidates  to  be  voted  for  by  the  voters  of  a  single  ward 
01  township ;  and  the  chairman  of  each  county  or  city  com- 
mittee shall,  on  or  before  the  first  day  of  July  in  each 
year,  file  with  the  clerks  of  the  several  municipalities  the 
number  of  committeemen  to  be  elected  to  such  county  or 
city  committee  in  each  year,  as  provided  by  the  constitu- 
tion or  by-laws  of  such  committee. 

246.  Sec.  7.  Superseded  by  the  General  Act,  Chapter 
183,  P.  L.  191 1,  and  Chapter  416,  P.  L.  1912. 

Democratic  Primary  Ticket. 


247.  Sec.  8.  Supplemented  by  P.  L.  191 1,  p.  276,  sec. 
40.     See  paragraph  345,  post. 

248.  Sec.  9.  All  ballots  shall  be  printed  on  plain  white 
paper  uniform  in  size  and  quality  and  type  and  of  such 
thickness  that  the  printing  thereon  cannot  be  distinguished 
from  the  back  of  the  paper,  and  without  any  mark,  device 
or  figure  thereon  except  as  in  and  by  this  act  provided; 


Ballots,   how 
printed. 


249.  Sec.  10.  Said  municipal  clerk  shall,  prior  to  each    Number  of 

1        .  1-1  ,  .         .  ballots 

primary  election,  at  the  time  and  as  herein  directed,  pro-  furnished, 
vide  and  furnish  for  each  existing  political  party,  mem- 
bers of  which  have  filed  petitions  as  aforesaid,  for  the  use 
of  the  voters  at  such  primary,  for  each  election  district 
in  his  respective  municipality,  ballots  of  the  kind  and  de- 
scription aforesaid,  equal  to  double  the  number  of  votes 
c:ist  by  such  political  party  at  the  then  last  preceding  elec- 
tion for  members  of  the  general  assembly  held  in  such 
ejection  district ;  when  an  election  district  shall  be  divided 
or  the  boundaries  thereof  changed,  or  a  new  district  cre- 
ated, the  municipal  clerk  shall  ascertain  as  nearly  as  may 
be  possible  the  number  of  voters  in  the  new  or  re-arranged 
or  divided  district,  and  provide  therefor  a  sufficient  num- 
ber of  ballots  in  the  above  proportion;  no  envelope  shall 
be  used  at  the  primary  elections  held  pursuant  to  this  act. 


ii8 


Voting 
places, 

booths,   etc., 
to    be   pro- 
vided   by 
municipal 
clerks. 


Black  lead 
pencils  to   be 
furnished. 


Delivery   of 
ballots   and 
boxes   and 
receipt  for 
same  on 
primary    day. 


Amended. 
P.    L.    1910, 
p.    117. 


Separate  box 
for    each 
party. 


250.  Sec.  II.  At  least  twenty  days  before  any  primary 
election  shall  be  held  under  the  provisions  of  this  act,  the 
clerks  of  the  several  municipalities  of  the  state  as  may  be 
proper,  pursuant  to  this  act,  shall  provide  for  and  secure 
in  each  election  district  of  their  respective  municipalities, 
a  suitable  room  in  which  to  hold  the  registry  and  Uie  said 
primary  election,  and  immediately  on  procuring  said  room, 
such  clerk  shall  notify  the  registry  or  poll  clerk,  or  board 
of  registry  and  elections,  of  said  voting  district,  that  such 
room  has  been  procured;  and  it  shall  be  the  duty  of  the 
clerk  procuring  such  room  to  arrange  the  same  for  a 
polling  room,  in  the  manner  required  by  law  for  general 
elections,  and  to  have  constructed  therein  and  ready  for 
use  before  the  primary  elections,  booths  and  compartments 
of  the  kind,  number  and  description  as  are  or  may  be  by 
law  required  to  be  provided  at  the  annual  election  for 
members  of  the  general  assembly;  black  lead  pencils  shall 
be  provided  and  placed  in  said  booths  or  compartments 
for  use  by  the  voter  in  preparing  his  ballot  to  be  voted, 
and  no  other  kind  of  pencil  shall  be  used  for  such  pur- 
pose. 

251.  Sec.  12.  The  said  municipal  clerk  shall,  on  the 
morning  of  the  day  preceding  any  primary  election  where- 
fore they  are  required  by  this  act  to  provide  ballots,  cause 
tc  be  delivered,  at  his  office,  to  the  clerks  of  the  board  of 
registry  and  election  of  each  election  district  within  his 
m.unicipality,  the  ballots  and  the  ballot-boxes  provided  for 
each  election  district,  and  to  take  a  receipt  of  each  elec- 
tion clerk  therefor,  which  last  mentioned  receipt  the  clerk 
of  such  municipality  shall  file  and  preserve  for  the  period 
cf  one  year;  said  election  clerks  shall,  on  the  morning  of 
the  primary  election,  before  proclamation  of  the  opening 
of  the  polls,  deliver  the  ballot-boxes  and  the  ballots  by 
them  received  to  the  election  boards  of  their  respective 
election  districts,  with  the  seals  thereof  unbroken,  and 
shall  take  receipts  therefor  from  said  election  board, 
which  said  receipts  said  election  clerks  shall  file  with  the 
municipal  clerk,  and  the  same  shall  be  preserved  for  one 
year;  said  municipal  clerk  shall  provide  a  separate  ballot- 


119 


Kind  of  box. 


Charge   of 
ballot- 
boxes. 


box  for  each  political  party  for  each  election  district  in 
his  respective  municipality ;  said  ballot-boxes  shall  be  each 
composed  of  four  glass  sides,  at  least  one  foot  wide  and 
one  foot  high,  with  a  wood  or  metal  bottom  and  top,  and 
v/ith  an  opening  at  the  top  through  which  the  ballots  shall 
be  inserted  into  the  box ;  any  ballot-box  which  can  legally 
be  used  at  any  general  election  for  members  of  general 
assembly  may  be  used  at  the  primary  elections  held  pur- 
suant to  this  act. 

252.  Sec.  13.  The  two  members  of  such  board  ap- 
pointed from  the  political  party  which  at  the  last  preceding 
general  election  cast  the  largest  number  of  votes  in  their 
county  shall  conduct  the  primary  election  of  such  party, 
having  sole  charge  of  the  ballot-boxes  of  said  party,  and 
delivering,  receiving  and  depositing  the  official  ballots 
voted  by  members  of  such  party,  and  having  the  sole  right 
to  challenge  the  voters  offering  to  vote  the  ticket  of  such 
party  as  in  this  act  provided;  and  the  members  of  said 
board  appointed  from  the  political  party  casting  the  next 
largest  number  of  votes  in  said  county  at  said  election 
shall,  in  like  manner,  conduct  the  primary  election  of  such 
political  party.  All  of  the  members  of  said  board  of 
registry  and  election  shall  conduct  the  primary  election  of 
any  other  political  party  holding  a  primary  election  under 
this  act,  and  shall  also  ascertain  and  certify  to  the  result 
oi  the  primary  election  of  all  political  parties  holding  pri- 
mary elections  under  this  act  in  the  manner  herein  pro- 
vided in  section  fifteen;  provided,  that  before  proceeding 
with  such  election  each  of  the  four  members  of  the  board 
of  registry  and  election  shall  take  and  subscribe  an  oath 
tc  be  administered  by  any  duly  qualified  person,  or  by  one 
member  of  the  board  to  the  others,  that  they  and  each  of 
them  will,  to  the  best  of  his  understanding  and  ability, 
conduct  such  primary  election  honestly  and  in  accordar  cc 
with  law ;  that  they  will  challenge,  in  the  manner  pro- 
vided in  this  act,  the  vote  of  any  person  offering  to  vote 
ac  such  election  whom  they  believe  not  entitled  to  vote 
thereat,  and  that  they  will  also  challenge  the  vote  of  a-iy 
person  at  such  election  offering  to  vote  in  the  ballot-box    ^^«J**  *<> 


All  election 
oflacers  to 
act. 


Proviso. 


Oath. 


I20 


I'erjury. 

Voter   not  to 
vote  in   box 
of  other 
party    at 
next 
election. 


Books  open 
to    inspec- 
tion. 


Its   correc- 
tion. 


Notice   of 
primaries. 


Canvassing 
the    votes. 


of  one  existing  political  party,  whom  they  believe,  or 
have  reason  to  believe  to  belong  to  another  existing  po- 
litical party,  and  that  they  will  refuse  to  receive  the  vote 
of  such  person,  in  case  such  vote  is  challenged,  until  he 
shall  have  taken  an  oath  or  affirmation,  to  be  administered 
by  a  member  of  the  board  in  the  form  prescribed.  (See 
P.  L.  191 1,  p.  2y(},  sec.  32,  paragraph  337,  post.) 

*  *  *  if  the  person  so  challenged  shall  refuse  to 
take  the  oath  or  affirmation  so  tendered  to  him  he  shall  be 
deemed  not  to  be  quahfied  or  entitled  to  vote  at  such  pri- 
mary election.  Any  person  making  such  oath  or  affirma- 
tion falsely  shall  be  guilty  of  perjury.  Any  voter  who 
shall  be  shown  by  the  primary  book  hereinafter  provided 
to  have  voted  in  the  ballot-box  of  one  political  party  at 
any  primary  election  held  under  this  act  shall  not  be 
allowed  to  vote  in  the  ballot-box  of  any  other  political 
party  at  the  next  thereafter  succeeding  primary  election. 
^  ^  if.  'pj-^g  g^j^^  primary  books  shall  be  kept  by  the 
municipal  clerk  subject  to  public  inspection,  and  any 
voter  whose  name  appears  therein  may  apply  to  the  judge 
holding  the  circuit  court  for  his  county,  at  any  time  prior 
to  the  next  primary  election,  to  have  his  name  stricken 
from  said  book ;  and  said  judge  shall  have  power,  to  hear 
said  application  in  a  summary  way,  at  such  time  and  upon 
such  notice  to  such  persons  as  he  may  prescribe,  and  if 
satisfied  that  the  applying  voter's  name  has  been  improp- 
erly placed  on  said  primary  book,  said  judge  may  make 
an  order  directing  the  municipal  clerk  to  erase  said  name 
from  said  primary  book,  and  said  clerk  shall  thereupon 
erase  the  same.  *  *  *  Notice  of  the  time  and  place 
of  holding  such  primary  elections  shall  be  given  by  the 
poll  clerks  by  five  or  more  advertisements  posted  at  con- 
spicuous places  in  the  election  district  at  least  ten  days 
before  such  primary  elections. 

253.  Sec.  14.  *  *  *  nothing  herein  shall  prevent 
any  voter  from  voting  for  any  person  whose  name  is  not 
on  his  party  ticket  by  writing  the  same  thereon ;     *     *     * 

254.  Sec.  15.  At  the  close  of  the  primary  election,  the 
board  of  registry  and  election  shall  forthwith  proceed  to 


121 

canvass  and  count  the  votes  cast  at  such  election,  proceed- 
ing in  the  manner  indicated  by  the  statement  hereinafter 
in  this  section  provided  for,  and  as  nearly  as  may  be  in 
the  manner  required  by  law;  the  said  boards  of  election 
shall  at  the  conclusion  of  such  canvass  make  up  and  sign  a   statement 

^  °  of  election. 

statement  of  the  result  of  such  election,  which  statement 
tl.'ey  shall  as  soon  as  may  be  transmit  to  the  clerk  of  the 
municipality  within  which  the  said  primary  election  is 
held;  said  statement  shall  in  words  at  length  show  the 
entire  number  of  votes  cast  at  such  election,  the  whole 
number  of  ballots  rejected,  the  whole  number  of  ballots 
cast  for  each  party  as  indicated  by  the  party  names  at  the 
head  of  the  respective  party  tickets,  and  the  number  of 
votes  received  by  each  person  as  a  candidate  for  nomina- 
tion for  office,  or  for  the  position  of  delegate ;  such  state- 
ment shall  be  in  the  following  or  like  form : 

Statement  of  the  result  of  a  primary  election  held  in   Form  of 
the  election  district  of  the  statement, 

(municipality)  in  the  county  of  and  state 

of  New  Jersey,  on  the  day  of 

191        :  . 

At  said  election  the  total  number 

of  votes  cast  was: 

The  total  number  of  democratic  ballots  cast  was : 
The  total  number  of  republican  ballots  cast  was : 
The  total  number  of  citizens'  reform  ballots  cast  was : 
The  total  number  of  democratic  ballots  rejected  was  : 

The  total  number  of  republican  ballots  rejected  was: 
The  total  number  of  citizens'  reform  ballots  rejected  was : 
For  candidates  of  the  democratic  party  for  the  position  of 
delegate  to  the  democratic  state  convention : 

John  Doe  received  votes; 

Richard  Doe  received  votes ; 

Thomas  Jones  received  votes. 

And  in  like  form  for  all  parties  having  candidates  voted 
for  at  such  election.  To  such  statement  shall  be  added  a 
certificate  in  the  following  form: 


122 


Certificate 
added   to 
statement. 


We  certify  the  foregoing  to  be  a  true  and  correct  state- 
ment of  the  result  of  the  primary  elections  held  in  such 
district  at  the  time  above  stated;  that  the  same  truly  and 
correctly  exhibits  the  entire  number  of  votes  cast  for  each 
political  party  at  such  election,  the  whole  number  of  bal- 
lots rejected  and  the  number  of  said  ballots  rejected  be- 
longing to  each  party  respectively;  also  the  number  of 
votes  received  by  any  person  to  be  a  candidate  of  any 
party  for  any  office,  or  for  the  position  of  delegate 
named  on  any  ballot  or  ballots  cast  at  such  election. 

In  zvitness  whereof,  we  have  hereunto  set  our  hands 
this-  day  of  ,  one  thousand  nine 

hundred  and 


Board  of 

Registry  and 

Election. 


Who  elected 
delegates. 
[Amended, 
P.    L.    1906, 
p.   509.] 


Time    and 
place  of 
convention. 


If    tie    vote. 


255.  Sec.  16.  The  persons  receiving  the  highest  number 
of  votes  for  the  position  of  delegate  to  any  convention, 
(a)  on  any  ticket  of  any  political  party  at  such  primary 
election,  to  the  extent  of  the  number  of  delegates  which 
the  respective  election  districts  are  entitled  to  send  to  the 
said  convention,  shall  be  the  duly-elected  delegates  to  such 
convention,  and  said  persons  and  no  others  shall  be  entitled 
U  sit  in  the  said  convention  as  delegates  as  aforesaid,  sub- 
ject to  the  right  of  the  said  convention  to  be  the  judge  of 
the  qualifications  of  its  own  members  in  the  case  of  a 
contest.  The  time  and  place  of  holding  such  conventions 
shall  be  determined  by  the  State,  *  *  *  committee  of 
the  respective  political  parties,  but  shall  in  all  cases  be 
after  the  holding  of  the  primary  election  as  herein  pro- 
vided. In  the  event  that  by  reason  of  tie  voting  more 
Candidates  shall  receive  a  sufficient  number  of  votes  to 
entitle  them  to  be  elected  as  delegates  than  the  number  of 
delegates  the  election  district  is  entitled  to  send  to  the 
convention,  the  additional  candidates  so  voted  for  shall  be 
considered  as  chosen  delegates  to  said  convention,  but  in 
such  convention  they  shall  be  entitled  only  to  the  appro- 


123 


priate  fraction  of  a  vote;  that  is  to  say,  if  an  election  dis- 
trict shall  be  entitled  to  send  three  delegates  to  a  conven- 
tion, and  two  candidates  receive  respectively  the  highest 
and  the  next  highest  number  of  votes,  and  the  three  can- 
didates receiving  the  next  highest  number  of  votes  shall 
each  receive  the  same  number  of  votes,  the  said  three  can- 
didates shall  also  be  elected  delegates  to  the  convention, 
but  shall  be  entitled  to  only  one-third  of  a  vote  each 
therein.  The  said  municipal  clerk  shall  deliver  a  certifi- 
cate showing  the  result  of  said  election  to  each  of  the  per- 
sons ascertained  as  aforesaid  to  be  successful  candidates, 
which  certificates  shall  be  the  credentials  of  the  said  dele- 
gates at  the  ensuing  conventions  of  the  respective  parties. 


Credentials. 


256.  Sec.  17.  The   municipal   clerk   shall   send   to   the   Selection  of 
county  clerk  of  his  county  a  certificate  showing  the  person   wards  and 
in   each  political  party  receiving  the  highest  number  of   townships, 
votes  for  any  office  for  which  the  candidate  is  to  be  voted 
for  at  the  general  election  only  in  a  single  ward  or  town- 
ship, and  such  person  shall  be  the  candidate  of  his  political 
party  at  the  ensuing  election,  and  the  county  clerk  shall 
cause  his  name  to  be  printed  as  such  candidate  upon  the 
official  ballot  of  his  party ;  in  the  event  of  a  failure  to  select 
such  candidate  for  any  political  party  by  reason  of  two  or 
more  persons  receiving  the  highest  and  the  same  number 
of  votes,  the  proper  committee  of  the  said  political  party 
shall  select  from  the  said  candidates  one  to  be  the  party 
candidate  for  the  office  in  question,  and  file  a  statement 
of  such  selection  with  the  municipal  clerk,  and  the  person 
so  selected  shall  be  the  candidate  of  the  party  at  the  ensu- 
ing election ;  in  the  event  of  a  failure  of  the  said  commit-    vacancies, 
tee  to  make  such  selection,  the  municipal  clerk  shall  make 
the  selection  from  the  persons  receiving  said  highest  and 
the  same  number  of  votes ;  in  the  event  that  any  candidate 
chosen  at  a  primary  election  for  any  office,  the  candidates 
for  which  are  to  be  voted  for  only  by  the  voters  of  a  single 
ward  or  township,  shall  die,  or  remove  from  the  ward, 
township  or  borough,  or  decline  to  run  as  a  candidate, 
before  the  ensuing  election,  the  proper  committee  of  the 


124 


Correction 
of  errors 
in   ballots. 


Vacancies 
among  candi- 
dates at 
primary 
election. 
Amended, 
P.    L.    1910, 
p.    397. 
Supple- 
mented  by 
P.    L.    1911, 
p.   762. 
f-'ee  par  post. 


New  petition. 


Vacancies 
among 
delegates, 
f  Amended, 
P.    L.    1906, 
p.    510.] 


party  to  which  the  person  so  declinmg  or  dying  belongs 
shall  have  the  power  to  fill  said  vacancy  by  filing  a  new 
nomination  with  the  proper  municipal  clerk;  notice  of  the 
selection  as  aforesaid  shall  be  given  by  the  municipal 
clerk  to  the  county  clerk. 

257.  Sec.  18.  Whenever  it  shall  appear  that  any  error 
or  omission  has  occurred  in  the  printing  of  the  ballots  for 
any  primary  election,  by  any  municipal  clerk,  any  voter 
resident  in  any  election  district  affected  by  such  error  or 
omission  may  present  to  the  justice  of  the  supreme  court 
holding  the  circuit  court  in  and  for  the  county  containing 
said  election  district  a  verified  statement  setting  forth  such 
error  or  omission,  and  such  justice,  being  satisfied  thereof, 
shall  thereupon  summarily,  by  his  order,  require  the  mu- 
nicipal clerk  to  correct  such  error  and  omission,  or  show 
cause  why  such  error  and  omission  should  not  be 
corrected. 

258.  Sec.  19.  Should  any  person  endorsed  in  any  peti- 
tion as  a  candidate  to  be  voted  for  at  any  primary  election, 
die  before  such  election,  or  in  writing  filed  with  the  mu- 
nicipal clerk  fifteen  days  before  the  primary  election, 
decline  to  stand  as  a  candidate,  the  vacancy  or  vacancies 
thus  caused  shall  be  filled  by  a  majority  of  the  persons 
signing  the  petition  in  and  by  which  the  person  so  dying 
or  declining  was  endorsed,  filing  within  three  days  after 
the  occurrence  of  such  vacancy  wath  the  municipal  clerk 
y  new  petition,  setting  forth  the  name  of  the  person  declin- 
ing or  dying,  the  office  for  nomination  to  which  or  the 
position  of  delegate  for  which  he  was  endorsed,  and  the 
name  of  the  person  to  be  substituted;  the  said  petition 
shall  be  verified  by  three  of  the  signers;  the  said  new 
petition  shall  have  the  same  force  and  effect  as  the  orig- 
inal petition,  and  the  name  of  the  person  so  substituted 
shall  be  printed  upon  the  ballots  in  the  place  and  stead  of 
the  person  dying,  or  declining  as  aforesaid. 

259.  Sec.  20.  In  the  event  that  any  person  so  elected  a 
delegate  as  aforesaid  to  any  convention  shall,  after  such 
election  and  before  the  meeting  of  such  convention,  die, 
cr  in  writing  addressed  to  the  chairman  of  said  convention 


125 


shall  decline  to  act  as  such  delegate,  his  place  as  such  dele- 
gate shall  be  filled  by  a  majority  vote  of  the  other  dele- 
gates selected  from  the  election  district  in  which  the 
person  so  dying  or  resigning  was  elected. 

260.  Sec.  21.  No  member  of  one  political  party  shall 
sign  his  name  to  any  petition  purporting  to  endorse  any 
person  as  a  candidate  for  delegate  to  the  convention  of 
another  political  party,  or  as  a  candidate  for  office  of  an- 
other political  party,  nor  shall  any  member  of  one  political 
party  vote  in  the  ballot-box  used  for  the  primary  election 
of  another  political  party ;  any  person  who,  being  a  mem- 
ber of  one  political  party,  ^hall  sign  his  name  to  any  peti- 
tion endorsing  any  person  as  a  candidate  for  delegate  to 
the  convention  of  another  existing  political  party,  or  as 
a  candidate  for  office  of  another  political  party,  or  any 
person  who,  being  a  member  of  one  political  party,  shall 
vote  in  the  ballot-box  used  for  the  primary  election  of 
another  political  party,  shall  in  each  case  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars,  or  be  imprisoned 
not  exceeding  two  years,  or  both,  at  the  discretion  of  the 
court. 

261.  Sec.  22.  If  at  any  primary  election  the  ballots  for 
any  political  party  to  be  furnished  therefor  as  hereinbefore 
provided  shall  not  be  delivered  at  the  time  above  men- 
tioned, or  after  delivery  they  shall  be  destroyed  or  stolen, 
and  other  official  ballots  cannot  be  obtained  in  time  for 
such  primary  election,  it  shall  be  the  duty  of  such  munici- 
pal clerk,  or  the  clerk  of  the  board  of  election,  as  the  case 
may  be,  to  cause  other  ballots  to  be  printed  as  nearly  in 
the  form  prescribed  by  this  act  as  practicable,  but  without 
the  endorsement  on  the  top  thereof,  which  ballots  so  sub- 
stituted shall  be  used  at  such  primary  elections;  if  from 
any  cause  neither  the  official  ballot  or  ballots  otherwise 
prepared  as  hereinbefore  described  shall  be  ready  for  dis- 
tribution at  any  polling  place,  or  if  the  supply  of  ballots 
for  any  political  party  shall  be  exhausted  before  the  polls 
are  closed,  unofficial  ballots,  made  as  nearly  as  possible  in 
the  form  of  official  ballots,  shall  be  used ;  where  the  use 


Member  of 
one  party  not 
to  petition  or 
vote   in   box 
of  another. 


Penalty. 


When   ballots 
not  official 
may  be  used. 


126 


'lo  what 
elections 
this  act  is 
applicable. 


Challengers. 
(Amended, 
P.    L.    1908, 
p.   185.] 


Candidates 
as    chal- 
lengers. 


of  official  ballots  is  for  any  of  the  reasons  aforesaid  dis- 
pensed with,  the  mode  and  manner  of  voting  shall  never- 
theless in  all  respects  conform  as  nearly  as  possible  to 
the  directions  and  requirements  of  this  act. 

262.  Sec.  2^.  Supplemented  by  P.  L.  191 1,  p.  276, 
paragraph  332,  post. 

263.  Sec.  24.  Nothing  in  this  act  contained  shall  apply 
to  or  in  anywise  affect  any  election  hereafter  to  be  held 
in  this  state  upon  any  day  other  than  the  day  of  the  general 
election  for  members  of  the  general  assembly. 

264.  Sec.  25.  The  chairman  of  the  county  committee  of 
each  political  party  in  each  county  of  the  state  may  appoint 
two  agents  for  each  election  district  in  his  county;  such 
agents  shall  be  the  authorized  agents  and  challengers  of 
their  respective  parties  at  the  primary  elections  held  under 
this  act,  and  shall  be  at  liberty  to  challenge  the  right  of  any 
person  to  vote  thereat;  the  appointment  of  agents  may  be 
made  in  writing  under  the  hand  of  the  respective  county 
chairmen,  and  shall  specify  the  names  and  residences  of 
the  agents,  and  the  election  districts  for  which  they  are 
severally  appointed ;  such  appointment  papers  shall  be  filed 
with  the  respective  boards  of  election  in  the  districts 
named  therein  as  evidence  of  the  authority  of  such  agents 
to  be  present  in  the  polling  place;  said  agents  may  be 
present  inside  the  railed  enclosure  while  the  votes  cast  at 
the  primary  are  being  cast  and  counted,  and  hear  and  see 
said  ballots  counted  (and  every  person  whose  name  shall 
be  printed  upon  the  official  primary  ballot  shall  also  have 
the  rights  and  privileges  of  a  challenger  as  hereinbefore 
provided),  and  every  person  whose  name  shall  be  printed 
upon  the  official  primary  ballot,  and  who  is  to  be  voted 
for  throughout  the  county,  shall  have  the  right  to  act  as  a 
challenger,  and  also  to  appoint  in  writing  two  agents  for 
each  election  district  in  his  county,  and  said  agents  shall 
have  the  rights  and  privileges  of  an  agent  and  challenger, 
a?  provided  in  this  section. 

265.  Sec.  26.  [This  section  amends  section  15  ante, 
which  see.] 


127 

266.  Sec.  2'j.  [This  section  amends  section  20  ayitc, 
which  see.] 

267.  Sec.  28.  [This  section  amends  section  21  antCj 
which  see.] 

268.  Sec.  29.  [This  section  amends  section  23  ante, 
which  see.] 

269.  Sec.  30.  [This  section  amends  section  60  ante, 
which  see.] 

270.  Sec.  31.  Supplemented    by    P.    L.    191 1,    p.    276,   Repealer, 
sees.  10,  II.  Paragraphs  315  and  316,  post. 

271.  Sec.  32.  Section  two  hundred  and  sixteen  (216) 
of  the  act  to  which  this  act  is  a  further  supplement  is 
hereby  repealed. 

272.  Sec.  3^.  The    following    sections    of    the    act    to   Sections  of 

'  *-'^  °  election   law 

which  this  act  is  a  further  supplement  shall  apply,  as  far  applicable 
as  may  be,  to  the  primary  elections  held  pursuant  to  this  e?ec^ion?.^^ 
act:  sections  thirty-three  (33),  thirty-four  (34),  thirty- 
five  (3S),  thirty-six  (36),  forty-eight  (48),  fifty-three 
(53),  fifty-five  ^(55),  fifty-six  ^56),  fifty-seven  (57),  t'T'im 
fifty-eight  (58),  fifty-nine  (59),  sixty-two  (62),  sixty-  p-  635.] 
three  {^Z)^  sixty-five  (65),  sixty-six  (66),  sixty-eight 
(68),  to  seventy-nine  (79)  (both  inclusive),  eighty-one 
(81),  eighty-two  (82),  eighty-three  (83),  eighty-four 
(84),  eighty-six  (86)  to  ninety-two  (92),  (both  inclu- 
sive), ninety-eight  (98),  ninety-nine  (99),  one  hundred 
(100),  one  hundred  and  fifty-nine  (159),  one  hundred 
and  sixty  (160),  one  hundred  and  sixty-one  (161),  one 
hundred  and  seventy-nine  (179),  one  hundred  and  eighty 
(180),  one  hundred  and  eighty-six  (186),  one  hundred 
and  eighty-seven  (187),  one  hundred  and  eighty-eight 
(188).  one  hundred  and  ninety  (190),  one  hundred  and 
ninety-one  (191),  one  hundred  and  ninety-three  (193)  to 
two  hundred  and  thirteen  (213)  (both  inclusive),  two 
hundred  and  fourteen  (214),  tw^o  hundred  and  fifteen 
(215),  two  hundred  and  seventeen  (217),  two  hundred 
and  eighteen  (218)  and  two  hundred  and  nineteen  (219). 

273.  Sec.  34.  All  acts  and  parts  of  acts  which  in  any-    Repealer, 
wise  conflict  with  the  provisions  of  this  act  are  hereby 
repealed,  and  this  act  shall  take  effect  immediately. 


128 


Nomination 
to  fill 
vacancy  in 
legislature. 


Advertising 
writ    of 
election 
to  fill 
vacancy  in 
legislature. 


Nomination 
certified. 


Registration. 


Supplement  of  January  20,  1905.    P.  L.  1905,  p.  11. 

274.  Sec.  I.  That  whenever  a  writ  of  election  shall  be 
issued  by  either  the  senate  or  house  of  general  assembly 
of  the  state  of  New  Jersey  for  the  purpose  of  filling  vacan- 
cies which  shall  arise  from  the  death,  resignation  or  other- 
wise of  any  member  of  either  of  said  bodies  that  the 
political  parties  of  the  county  to  which  such  writ  of  elec- 
tion shall  be  directed  may  nominate  candidates  for  the 
office  in  which  such  vacancy  has  occurred,  in  such  manner 
and  under  such  regulations  as  shall  be  provided  by  the 
county  committee  of  the  respective  political  parties. 

Supplement  of  January  25,  1905.    P.  L.  1905,  p.  12. 

275.  Sec.  I.  That  whenever  a  writ  of  election  shall  be 
issued  by  either  the  senate  or  house  of  general  assembly 
of  the  state  of  New  Jersey  for  the  purpose  of  filling  vacan- 
cies which  shall  arise  from  the  death,  resignation  or  other- 
wise of  any  member  of  either  of  said  bodies  the  advertising 
of  the  writ  of  election  in  at  least  four  newspapers,  if  so 
many  there  be  in  said  county,  said  advertising  shall  be 
published  as  nearly  as  may  be  equally  in  newspapers  of 
the  different  political  parties  so  as  to  afford  the  widest 
possible  information  to  all  voters  of  every  political  party, 
and  shall  be  published  as  often  as  required  by  the  writ 
of  election,  shall  constitute  a  sufficient  notice  of  the  hold- 
ing of  such  election  to  the  legal  voters  therein;  the  con- 
vention or  body  making  such  nomination  shall  certify  to 
the  clerk  of  the  county  the  name  of  the  person  or  persons 
selected  as  a  candidate  under  the  hand  of  the  presiding 
officer  of  the  convention  or  other  body  making  such 
nomination  together  with  an  acceptance  of  such  nomina- 
tion signed  by  the  person  selected  as  a  candidate  and  such 
certificate  of  nomination  and  acceptance  shall  be  filed  with 
the  clerk  of  the  county  six  days  before  the  time  fixed  by 
the  writ  for  the  holding  of  such  election ;  the  local  boards 
of  registry  and  election  shall  meet  at  the  place  where  such 
election  is  to  be  held  in  the  respective  voting  districts  or 
precincts,  on  the  Friday  preceding  the  day  set  for  the 
holding  of  such  election,  at  one  o'clock  in  the  afternoon, 


129 

and  remain  in  session  until  eight  o'clock  in  the  evening 
for  the  purpose  of  revising"  and  correcting  the  registers 
of  voters  by  adding  thereto  the  names  of  persons  entitled 
to  vote  whose  names  do  not  appear  thereon;  the  registers 
of  voters  used  at  the  last  preceding  election  shall  be  used 
at  such  special  election;  the  clerk  of  the  county  in  which 
such  election  shall  be  called  shall  provide  official  ballots  t,*^i"t/ 
and  envelopes  of  the  same  kind  and  under  the  same  regu- 
lations as  provided  for  in  the  law  to  which  this  is  a  supple- 
ment ;  the  local  boards  of  registry  and  election  shall  make  Returns, 
return  of  the  result  of  such  election  to  the  clerk  of  the 
county  board  of  registry  and  election  within  twenty-four 
hours  after  holding  such  election ;  the  county  board  of 
ngistry  and  election  shall  meet  on  the  Thursday  follow- 
ing the  holding  of  such  election  and  shall  canvass  the  vote 
and  certify  the  result  to  the  clerk  of  the  county,  and  the 
clerk  of  the  county  shall  within  three  days  after  such  elec- 
tion is  held  deliver  a  certificate  of  the  determination  of  the 
county  board  of  registry  and  election  and  the  certificate 
appended  thereto  to  the  successful  candidate  and  transmit 
another  copy  of  the  same  to  the  secretary  of  state  at  Tren-  certificate 
ton;  the  clerk  of  the  county  shall  issue  to  the  successful  of  election 
candidate  a  certificate  of  election  immediately  after  the 
vote  shall  be  canvassed  by  the  county  board  of  registry 
and  election;  official  ballots  shall  be  supplied  to  parties 
applying  for  them  under  the  same  conditions  and  regula- 
tions as  provided  in  the  act  to  which  this  is  a  supplement; 
except  as  herein  approved,  such  special  election  shall  be 
conducted  in  the  same  manner  and  under  the  same  condi- 
tions, restrictions  and  penalties  as  general  elections  for 
members  of  assembly. 

276.  Sec.  2.  The  members  of  the  boards  of  registry  of  Compensa- 
election  shall  each  receive,  ten  dollars  and  no  more  for  all 
services  rendered  under  the  provisions  of  this  act. 

Supplement  of  April  6,  1905.    P.  L.  1905,  p.  224. 

277.  Sec.   I.  Supplemented  by  P.   L.    191 1,  chap.   188', 
sec.  31,  paragraph  409,  post. 


I30 


Penalty   for 
Illegal 
registering, 
voting, 
assisting, 
abetting  or 
acting   at 
election. 


278.  Sec.  2.  Whoever  shall  solicit  the  registering  of  his 
name  on  the  registry  list  of  any  election  district  or  pre- 
cinct in  this  state,  knowing  that  he  is  not  a  legal  voter  in 
such  district  or  precinct;  whoever  shall  willfully  counsel, 
piocure,  aid,  advise,  assist  or  abet  in  the  registering  of  the 
name  of  any  other  person  on  the  registry  list  of  any  elec- 
tion district  or  precinct,  knowing  such  other  person  is 
not  entitled  to  vote  therein;  whoever  at  any  election, 
knowing  that  he  is  not  a  qualified  voter,  votes  thereat ; 
whoever  at  any  election  votes  or  attempts  to  vote  more 
than  once  on  his  own  name;  whoever  at  any  election 
votes  or  attempts  to  vote  in  more  than  one  election  dis- 
trict or  precinct;  whoever  at  any  election  votes  or  at- 
tempts to  vote  upon  any  other  name  than  his  own;  who- 
ever knowingly  casts  or  attempts  to  cast  more  than  one 
ballot  at  one  time  of  balloting;  whoever  at  any  election 
counsels,  procures,  aids,  advises,  assists  or  abets  any  per- 
son, knowing  that  he  is  not  a  qualified  voter,  to  vote 
thereat;  whoever  at  any  election  counsels,  procures,  aids, 
advises,  assists  or  abets  any  pers'on  in  voting  in  more  than 
one  election  district  or  precfnct;  whoever  at  any  election 
counsels,  procures,  aids,  advises,  assists  or  abets  any  per- 
son to  vote  or  to  attempt  to  vote  upon  any  name  other 
than  his  own,  or  knowingly  casts  or  attempts  to  cast  more 
than  one  ballot  at  one  time  of  voting;  whoever  at  any 
election  in  this  state  shall  in  any  way  willfully  mark  or 
deface  his  ballot,  or  shall  willfully  counsel,  procure,  aid, 
advise,  assist  or  abet  any  person  in  the  marking  or  defac- 
ing of  a  ballot ;  whoever  at  any  election  in  this  state  shall 
in  any  way  counsel,  procure,  aid,  advise,  assist  or  abet  any 
official  or  person  in  any  act  which  is  contrary  to  the  pro- 
visions of  this  act  or  the  act  to  which  this  is  a  supple- 
ment; whoever  at  any  election  in  this  state  shall  in  any 
way  willfully  hinder  or  prevent  a  voter  from  casting  his 
legal  vote,  knowing  such  person  to  have  a  right  to  vote; 
whoever  shall  willfully  tamper  with,  injure,  mutilate, 
destroy  or  render  unfit  for  use,  any  ballot-box  *  *  * 
shall  be  guilty  of  a  misdemeanor  and  punishable  by  a 


131 


fine  of  five  hundred  dollars  or  imprisonment  in  state 
prison  for  the  term  of  three  years,  or  both. 

Supplement  of  April  12,  1905.    P.  L.  1905,  p.  262. 

279.  Sec.   I.  It  shall  be  the  duty  of  the  justice  of  the    re^^gt^^°Hst 
supreme  court  assigned  to  hold  the  circuit  court,  and  the    ''5"  *^®  ^°"''*- 
judge  of  the  court  of  common  pleas,  in  each  of  the  several 

counties  of  this  state,  or  one  of  said  judges,  to  sit  and 
hold  a  court  of  common  pleas  at  the  court  house  in  their 
respective  counties  on  the  Monday  next  preceding  the 
day  of  the  general  election  for  members  of  the  general 
assembly,  from  eight  o'clock  in  the  forenoon  till  five 
o'clock  in  the  afternoon,  to  revise  and  correct  the  registry 
of  election  in  the  several  election  districts  in  such  county, 
and  in  case  any  legal  voter  in  any  election  district  has  been 
refused  the  right  to  register,  or  his  name  has  been  im- 
properly or  inadvertently  left  oflf  the  registry-list,  he  may, 
on  said  day,  apply  in  person,  to  said  court  for  the  purpose 
of  having  his  name  placed  upon  the  register ;  and  the  said 
court,  upon  such  application  and  upon  satisfactory  evi- 
dence that  such  person  is  a  legal  voter  entitled  to  vote  at 
such  election,  may  give  a  certificate  under  the  seal  of  the 
court  to  that  eflfect,  and  the  clerk  of  the  court  shall  add 
the  name  of  such  voter  to  the  proper  register  on  file  with 
him ;  such  voter  may,  upon  the  day  of  election,  present 
said  certificate  to  the  board  of  registry  and  election  of  the 
district  in  which  he  is  entitled  to  vote,  and  said  board 
shall  receive  and  file  said  certificate  and  add  his  name  to 
the  register,  and  he  shall  thereupon  be  allowed  by  said 
election  board  to  vote  at  said  election. 

280.  Sec.  2.  It  shall  also  be  the  duty  of  said  justice  of 
the  supreme  court  and  the  said  judge  of  the  court  of  com- 
mon pleas,  or  one  of  them,  to  sit  and  hold  a  court  of  com- 
mon pleas  at  the  court  house  in  their  respective  counties 
on  the  day  of  the  general  election  for  members  of  the 
general  assembly  from  eight  o'clock  in  the  forenoon  till 
seven  o'clock  in  the  evening,  and  in  case  the  vote  of  any 
person  registered,  in  any  election  district,  has  been  refused 
or  rejected  by  the  district  board  of  elections,  in  such  dis- 
trict, the  said  court  shall,  upon  application,  in  person,  by    p^tits 


Name 
added. 


Court  in 
session  on 
election  day. 


132 


Registers 
delivered 
to   county 
cJerk. 


Summary 
action  of 
court. 


Duty   of 
sheriff. 


When 

edition 
officer  in 
c.in  tempt. 


the  person  so  refused  or  rejected,  proceed,  in  a  summary 
way,  to  inquire  whether  such  person  is  entitled  to  vote 
in  such  election  district;  and  if  the  court  shall  find  that 
such  person  is  legally  entitled  to  vote  in  said  election  dis- 
trict, it  shall  issue  a  certificate,  under  its  seal,  to  the  board 
of  registry  and  election  of  the  district  in  which  such 
person  is  entitled  to  vote,  reciting  that  such  person  is 
entitled  to  vote  in  such  election  district  and  shall  deliver 
such  certificate  to  such  person;  such  person  may  present 
said  certificate  to  the  board  of  registry  and  election  of 
the  district  in  which  he  is  entitled  to  vote,  and  said  board 
shall  receive  and  file  said  certificate,  and  thereupon  he 
shall  be  allowed  to  vote  at  such  election. 

281.  Sec.  3.  The  county  board  of  elections,  in  each  of 
the  several  counties  of  this  state,  shall  deliver  to  the  county 
clerk,  at  or  before  eight  o'clock  in  the  forenoon,  on  the 
Monday  next  preceding  the  general  election,  all  the  copies 
of  the  registers  which  were  in  their  possession  on  the 
Saturday  next  preceding  said  general  election,  who  shall 
have  the  same  in  court  for  the  use  of  the  court  while  act- 
ing under  the  authority  conferred  by  this  act ;  said  regis- 
ters shall  be  returned  by  the  said  county  clerk  to  the  cus- 
tody of  the  county  board  of  elections  on  the  day  after  the 
election  shall  be  held. 

282.  Sec.  4.  In  making  investigations  -under  this  act  to 
determine  the  right  of  any  person  or  persons  to  vote  or  to 
register,  the  court  shall  have  power  to  act  upon  such  appli- 
cation or  matter  in  a  summary  manner,  and  to  issue  sub- 
poenas for  the  production  of  papers,  or  the  appearance  of 
persons  with  like  power,  jurisdiction  and  authority  as  said 
court  would  have  in  any  civil  cause  pending  therein ;  the 
sheriff  of  the  county  or  a  deputy  duly  appointed  by  him, 
shall  be  authorized  and  required  to  serve  all  processes 
issued  out  of  the  said  court  on  any  application  pending 
under  this  act,  and  he  shall  also  be  authorized  and  re- 
quired to  enforce  any  orders  or  proceedings  made,  entered 
and  directed  to  be  executed  by  the  said  court. 

283.  Sec.  5.  If  any  board  of  registry  and  election,  or 
any  member  thereof  sliall  fail. or  refuse  to  comply  with  the 


133 

order  of  the  said  court  made  in  any  proceeding  taken 
under  this  act,  such  failure  or  refusal  to  so  comply  may 
be  dealt  with  and  punished  as  and  for  contempt  of  court. 

284.  Sec.  6,  It  shall  be  the  duty  of  the  county  clerk,  as    Duty  of 
cierk  of  the  court  of  common  pleas,  to  attend  upon  the   derk. 
sessions  of  court  required  to  be  held  under  this  act,  either 

in  person  or  by  deputy,  at  all  times  during  the  sitting 
thereof,  and  to  record  and  keep  the  minutes  of  the  said 
court  in  any  matters  arising  under  this  act,  and  for  such 
service  he  shall  be  entitled  to  receive  and  be  paid  by  the 
county  collector,  for  each  day's  attendance,  the  sum  of 
ten  dollars. 

285.  Sec.  7.  Each  of  the  judges  holding  the  court  of   ^ouT/^" 
common  pleas,  as  herein  required,  shall  be  entitled  to  re-    '"dges 
ceive  the  sum  of  twenty  dollars  for  each  day  he  shall  be 
personally  present,  pursuant  to  the  provisions  of  this  act, 

in  addition  to  the  salary  to  which  he  is  now  entitled  by 
law,  which  sum  shall  be  paid  by  the  collector  of  the  county 
as  other  court  expenses  are  paid. 

Supplement  of  May  16,  1906.     P.  L.  1906,  p.  497. 

286.  Sec.   I.  It  shall  be  the  duty  of  all  town,  township,   ;,^-^^J^™7cioai 
borough,  city  or  other  municipal  clerk,  at  least  forty-five    c^erk  of 
days  before  any  general  or  State  election,  to  make  and   fiUed, 
certify  under  their  hands  and  seals  of  office  and  forward 

to  the  clerk  of  the  county  in  which  such  town,  township, 
borough,  city  or  other  municipality  is  located  a  statement 
designating  the  town,  township,  borough,  city  or  other 
municipal  offices  which  are  to  be  filled  at  such  election, 
and  the  number  of  persons  to  be  voted  for  each  office. 

287.  Sec.  2.  It  shall  be  the  duty  of  the  county  clerk  of  offices  to  be 
each  county,  in  the  preparation  of  official  ballots  under  the  on'^baiiot"^^'* 
act  to  which  this  act  is  a  supplement,  to  place  on  such 

official  ballots  for  each  party  or  group  of  petitioners  hav- 
ing candidates  to  be  voted  for  at  any  election  the  name  or 
title  of  each  office  to  be  filled  at  such  election,  whether 
such  party  or  group  of  petitioners  shall  have  made  any 
nomination  for  such  office  or  not. 


134 


Schedule  of 
appropria- 
tions on 
primary 
ballots. 


Supplement  of  May  24,  1906.    P.  L.  1906,  p.  657. 

288.  Sec.  I.  The  members  of  any  political  party  which 
now  is  or  may  hereafter  be  entitled  to  nominate  candi- 
dates at  the  primary  elections  provided  for  in  the  act  to 
which  this  act  is  a  supplement,  in  all  municipalities  where 
tax  levies  and  appropriations  of  money  to  be  raised  by  tax 
are  fixed  by  vote  of  the  people,  in  addition  to  nominating 
delegates  or  candidates  at  such  primary  elections,  may  also 
vote  for  a  schedule  of  appropriations  to  be  placed  on  the 
party  ticket  at  the  ensuing  election ;  if  the  petitioners 
nominating  candidates  for  office  or  for  delegates  shall 
include  in  their  petition  an  endorsement  of  any  proper 
schedule  of  appropriations,  accompanied  with  a  prayer 
that  the  schedule  of  appropriations  be  placed  on  the  pri- 
mary ballots,  the  clerk  or  other  officer  whose  duty  it  may 
be  to  prepare  the  primary  ballots  shall  place  thereon  such 
a  schedule  of  appropriations  according  to  the  prayer  of 
such  petition.  The  result  of  such  primary  election  in  the 
premises  shall  be  certified  as  in  the  case  of  candidates 
nominated  at  said  election.  Nominations  of  candidates  by 
petition  may  also  endorse  a  schedule  of  such  appropria- 
tions. The  party  ballot  or  party  column  of  any  voting 
machine  shall  contain  the  schedule  of  appropriations  as 
determined  by  the  voters  at  such  primary  election,  as 
prayed  for  in  any  such  petition. 


Direct 
nomina- 
tions at 
primaries. 


Supplement  of  Oct.  28,  1907.    P.  L.  1907,  p.  697. 

289.  Sec.  I.  Hereafter  all  candidates  of  political  par- 
ties for  the  following  offices,  to  wit,  members  of  state 
senate,  members  of  general  assembly,  county  clerk,  sur- 
rogate, register  of  deeds,  sheriff,  county  supervisor,  cor- 
oner, mayor  and  for  all  elective  offices  of  any  county  in 
this  state,  to  be  voted  for  at  the  general  election  for  mem- 
bers of  the  general  assembly,  by  the  voters  of  any  county 
in  the  state,  or  of  any  political  subdivision  thereof  shall  be 
nominated  directly  without  the  intervention  of  delegates 
or  conventions,  at  the  primary  elections  held  pursuant  to 
the  act  to  which  this  act  is  a  supplement,  and  the  acts 
amendatory   thereof  and   supplemental   thereto.     Supple- 


135 


niented  by  P.  L.  191 1,  page  298,  sec.  37,  paragraph  396, 
post. 

290.  Sec.  2.  Not  less  than  one  hundred  voters  of  any 
poHtical  party  may  file  with  the  county  clerk  of  their 
county  a  petition  or  petitions  endorsing  any  member  or 
members  of  their  political  party  as  a  candidate  or  candi- 
dates for  the  nomination  of  said  party  to  any  public  office 
of  any  county  and  requesting  that  the  name  of  the  person 
or  persons  so  endorsed  be  printed  upon  the  official  primary 
ballot  of  such  political  party.  The  said  petition  or  peti- 
tions shall  be  signed  in  the  manner  and  form  provided  for 
the  signing  and  filing  of  nominating  petitions  under  the 
act  to  which  this  act  is  a  supplement,  and  shall  have 
attached  thereto  the  affidavit  and  acceptance  as  required" 
by  said  act.  Said  petition  or  petitions  shall  be  filed  with 
the  respective  county  clerks  at  least  twenty-five  days  prior 
to  the  time  fixed  by  law  for  the  holding  of  such  primary 
election,  and  the  said  county  clerk  shall  certify  all  of  said 
nominations  to  the  clerks  of  each  municipality  in  his  re- 
spective county  at  least  twenty  days  prior  to  the  time  fixed 
by  law  for  the  holding  of  said  primary  elections,  specify- 
ing in  said  certificate  the  political  party  to  which  the  person 
or  person  so  nominated  belong,  and  said  municipal  clerks 
shall  each  respectively  prepare  the  official  primary  ballot 
as  required  by  the  act  to  which  this  act  is  a  supplement 
and  shall  cause  to  be  printed  upon  the  respective  tickets 
for  each  political  party  under  the  name  of  the  office  or 
offices  to  be  filled,  the  names  of  all  persons  so  certified 
as  nominated  for  the  respective  offices  to  be  filled,  in  addi- 
tion to  the  other  names  to  be  printed  thereon  as  required 
by  law.     *     *     * 

291.  Sec.  3.  The  board  of  registry  and  election  in  each 
election  district  of  every  county  in  this  state  shall  include 
the  results  of  such  primary  election  as  to  the  candidates 
affected  by  this  act  in  the  statement  which  they  are  now 
required  by  law  to  transmit  to  the  municipal  clerk,  and 
the  said  municipal  clerk  shall  forthwith  transmit  the  said 
results  to  the  county  clerk,  who  shall  forthwith  canvass 
said  returns,  and  the  person  having  in  the  aggregate  the 


Petition  to 
place  names 
on  primary 
ticket 


Time  for 
filing. 


[Amended, 
P.    L.    1910, 
p.    249.] 
Supple- 
mented by 
P.    L.    1911, 
chap.  367, 
p.    762. 


Ballot  pre- 
pared   by 
municipal 
clerk. 


Result   of 
primary 
election   filed 
with   county 
clerk,  who  is 
to   canvas 
returns. 


[Amended, 
P.    L.    1908, 
p.   413.] 


136 


Names  of 
candidates 
on   ballots 


Endorse- 
ment  by 
petition  to 
place    name 
on   primary 
ticket. 
[Amended, 
P.    L.    1908, 
p.   413.] 


Name    on. 


highest  number  of  votes  shall  be  the  candidate  of  his 
respective  party  for  the  office  to  be  filled.  In  case  more 
than  one  person  is  to  be  elected  to  the  same  or  similar 
office,  the  persons  having  the  highest  number  of  votes  to 
the  extent  of  the  number  of  offices  to  be  filled  shall  be 
the  candidates  of  their  respective  parties  for  the  said 
offices.  In  the  event  of  a  failure  to  select  a  candidate  of 
any  political  party  for  any  office  affected  by  this  act,  by 
reason  of  two  or  more  persons  receiving  the  highest  and 
the  same  number  of  votes,  the  chairman  of  the  county 
committee  of  said  political  party  shall  select  from  said 
candidates  one  to  be  the  party  candidate  for  the  office  in 
question,  and  file  a  statement  of  such  selection  with  the 
county  clerk,  and  the  person  so  selected  shall  be  the  can- 
didate of  the  party  at  the  ensuing  election.  The  county 
clerk  shall  cause  to  be  printed  upon  the  official  ballots 
*  *  *  to  be  used  at  the  succeeding  general  election, 
the  names  of  the  candidates  nominated  as  aforesaid  to  fill 
the  respective  offices. 

292.  Sec.  4.  Not  less  than  fifty  voters  of  any  political 
party  in  any  municipality  of  this  state  other  than  a  county, 
may  file  with  the  clerk  of  such  municipality  a  petition 
endorsing  any  member  of  their  political  party  as  a  candi- 
date for  the  nomination  of  said  party  to  public  office  in 
said  municipality  in  accordance  with  and  in  the  manner 
provided  by  the  act  to  which  this  is  a  supplement  for  the 
endorsing  of  candidates  for  nomination  in  a  single  ward 
or  township,  and  such  municipal  clerk  shall  cause  the 
names  of  all  persons  so  nominated  to  be  printed  upon  the 
official  primary  ballots  of  the  respective  political  parties, 
in  the  election  districts,  the  voters  of  which  are  entitled 
to  vote  for  such  candidate,  and  the  result  of  said  primary 
election  shall  be  transmitted  to  the  municipal  clerk,  and 
by  him  to  the  county  clerk  of  said  county  in  the  manner 
provided  in  the  preceding  section  of  this  act,  and  the 
person  receiving  the  highest  number  of  votes  shall  be  the 
candidate  of  his  political  party  at  the  ensuing  election,  and 
the  county  clerk  shall  cause  his  name  to  be  printed  as 
such   candidate  upon  the  official  ballot     *     *     *     to  be 


n7 


tor. 


used  in  the  election  districts  entitled  to  vote  for  said 
office;  provided,  that  nothing  in  this  section  contained  i*'"oviso. 
shall  interfere  with  or  alter  the  provisions  of  an  act  to 
v^hich  this  act  is  a  supplement,  providing  for  the  nomina- 
tion of  candidates  for  public  office  in  a  single  borough, 
ward  or  township. 

293.  Sec.  5.  The  provisions  of  this  act  shall  be  con-    Construed 
St  rued  in  conjunction  with  the  provisions  of  the  act  to 

which  this  is  a  supplement  and  the  several  supplements    Amended, 
thereto  and  amendments  thereof,  and  said  acts  shall  apply    p.  413. 
to  the  nominations  provided  by  this^act,  except  where  in- 
consistent therewith. 

Supplement  of  October  28,  1907.    P.  L.  1907,  p.  702.       Kxpression  of 

294.  Sec.  I.  In  any  year  preceding  the  election  by  the  primages  for 
legislature  of  a  United  States  senator  it  shall  be  lawful,  at  ^'  ^-  ^^°^' 
the  primary  election  of  any  political  party  entitled  to  hold 
an  election  under  the  provisions  of  the  act  to  which  this 
act  is  a  supplement,  for  the  voters  of  such  political  party 
ir  this  state  to  express,  in  the  manner  hereinafter  provided, 
the  preference  of  said  voters  for  United  States  senator. 

295.  Sec.  2.  Not  less  than  one  thousand  voters  of  such 
political  party  may  file  with  the  secretary  of  state  a  peti- 
tion or  petitions  in  the  form  required  for  the  nomination 
of  candidates  to  be  voted  for  at  a  primary  election  by  the 
act  to  which  this  act  is  a  supplement,  except  so  far  as  the 
same  is  modified  by  this  act,  endorsing  any  member  of 
their  political  party  as  a  candidate  for  the  endorsement  of 
said  political  party  for  United  States  senator.  Said  peti- 
tion or  petitions  shall  each  be  verified  by  the  oath  or  affir- 
mation of  two  or  more  of  the  signers  thereof,  taken  and 
subscribed  before  a  person  quaUfied  under  the  laws -of 
New  Jersey  to  administer  an  oath,  to  the  efifect  that  such 
petition,  to  the  best  of  the  knowledge  and  belief  of  the 
affiants,  is  signed  in  their  proper  handwriting  by  each  of 
the  signers  thereof;  that  such  signers  are,  to  the  best  of 
the  knowledge  and  belief  of  the  affiants,  legal  voters  of  the 
state,  and  belong  to  the  political  party  named  in  said  peti- 
tion ;  that  the  person  named  therein  has  the  legal  qualifica- 


Nomination. 
by  petition 


Verified 
by  oatli. 


138 


Secretary   of 
state  to 
notify  county 
clerks. 

Municipal 

clerks 

notified. 


Voting  and 
canvassing. 


Kach  member 
of  legislature 
notified  by 
^ec^etary    of 
state. 


I'loservatlon 
of    registers. 


tions  for  the  office  of  a  United  States  senator;  that  such 
petition  is  prepared  and  filed  in  absolute  good  faith  for  the 
sole  purpose  of  securing  the  endorsement  of  the  person 
therein  named  by  the  voters  of  said  party  for  United  States 
senator. 

Not  less  than  twenty  days  prior  to  the  holding  of  said 
primary  election  the  secretary  of  state  shall  transmit  to  the 
county  clerk  of  each  county  copies  of  said  petition.  The 
county  clerk  shall,  under  his  hand  and  seal,  certify  to  each 
municipal  clerk  in  his  county,  not  less  than  ten  days  prior 
tc  said  primary  election,  the  name  or  names  of  all  persons 
who  have  been  endorsed  by  petitions  transmitted  to  him 
as  aforesaid.  The  said  municipal  clerks,  in  preparing  the 
official  ballot  to  be  used  at  the  said  primary  election  for 
the  said  political  party,  shall  insert  thereon  the  words 
"Favored  for  United  States  Senator,"  and  shall  place 
thereunder  the  names  of  all  persons  so  certified  to  said 
clerk,  in  alphabetical  order. 

296.  Sec.  3.  The  voting,  counting  and  canvassing  of  the 
vote  cast  for  such  candidates  shall  be  the  same  as  is  pro- 
vided for  the  voting,  counting  and  canvassing  of  votes 
by  the  act  to  which  this  act  is  a  supplement.  Each  munici- 
pal clerk  shall,  within  five  days  after  the  holding  of  such 
election,  certify  the  result  of  the  election  for  endorsement 
for  United  States  senator  to  the  county  clerk  of  his  county, 
and  the  county  clerk  shall  proceed  to  tjbulate  the  result, 
so  certified  to  him,  and  shall  then  certify  the  results  to  the 
secretary  of  state,  who  in  turn  shall  tabulate  the  results, 
and,  prior  to  the  convening  of  the  session  of  the  legislature 
at  which  the  election  for  United  States  senator  is  to  be 
held,  announce  publicly  the  result,  and  certify,  under  his 
hand  and  seal,  a  statement  of  the  total  votes  received  in  the 
state  by  each  candidate  for  endorsement  for  United  States 
senator  to  each  member  of  the  senate  and  general  assembly. 

297.  Supplemental  by  P.  L.  191 1,  p.  276,  sec.  36,  para- 
graph 341,  post. 

Amendment  of  Apr.  27,  191 1,  P.  L.  191 1,  p.  561,  to 
Supplement  of  Mch.  17,  1908,  P.  L.  1908,  p.  30. 

298.  Sec.   I.  All   registers  of  voters  or  register  books 


139 


which  are  required  to  be  filed  with  the  county  clerks  of  the 
various  counties  and  the  municipal  clerks  of  the  various 
municipalities  of  this  State,  by  and  under  the  above-stated 
act,  shall  be  preserved  by  such  county  and  municipal  clerks, 
respectively,  for  a  period  of  five  years  after  the  holding  of 
the  general  election  at  which  they  were  used,  and  there- 
after shall  be  sold  by  such  county  and  municipal  clerks  as 
waste  paper,  the  proceeds  to  be  paid  into  the  county  and 
mnuicipal  treasuries  respectively. 

299.  Sec.  2.  This  act  shall  also  authorize  the  several 
county  and  municipal  clerks  to  sell  all  register  books,  or 
registers  of  voters,  which  have  been  on  file  five  years  pre- 
vious to  the  passage  of  this  act,  the  proceeds  to  be  paid 
into  the  county  and  municipal  treasury  respectively. 

Supplement  of  Apr.  13,  1908.    P.  L.  1908,  p.  412. 


(Amended 
by  P,  L. 
1911,   p. 
06I.) 


£ale  after 
5  years. 


Sale    of    old 
registers. 

(Amended  by 
P.    L.    1911, 
p.   561.) 


300.  Sec.  I.  In  all  cases  where  the  voters  of  two  or 
more  municipalities  of  this  state  vote  jointly  for  the  office 
of  chosen  freeholder  not  less  than  three  legal  voters  of  any 
political  party  in  each  municipality  may  file  with  the  clerk 
of  their  respective  municipality  a  petition  endorsing  any 
member  of  their  political  party  as  a  candidate  for  the  nomi- 
nation of  said  party  to  the  said  office  of  chosen  freeholder, 
in  the  manner  provided  by  the  act  to  which  this  act  is  a 
supplement  for  the  endorsing  of  candidates  for  nomination 
in  a  single  ward  or  t^township.  And  such  municipal  clerk 
shall  cause  the  names  of  all  persons  so  nominated  to  be 
printed  upon  the  official  primary  ballots  of  his  municipality, 
and  the  result  of  said  primary  election  shall  be  transmitted 
to  the  municipal  clerk,  and  by  the  municipal  clerk  in  each  of 
said  municipalities  to  the  county  clerk  of  said  county 
in  the  manner  provided  in  the  act  to  which  this  act  is  a 
supplement ;  and  the  person  receiving  in  the  aggregate  the 
highest  number  of  votes  in  the  various  municipalities  en- 
titled to  vote  for  said  office,  shall  be  the  candidate  of  his 
political  party  at  the  ensuing  election ;  and  the  county  clerk 
shall  cause  his  name  to  be  printed  as  such  candidate  upon 
the  official  ballot  of  his  party  to  be  used  in  the  election 
districts  entitled  to  vote  for  said  office. 


Petition    to 
place  names 
for    free- 
holder on 
Ijrimary 
ticket. 


Candidate 
party    at 
ensuing 
election. 


of 


140 


Acceptance 
of  nomina- 
tion 

accessary    to 
place   name 
on    ballot. 


Time  for 

filing 

petition. 


Ilepealer. 
Payment  of 
expenses    of 
special 
election. 


Provision 
for    funds 


May    Issue 
bonds. 


Supplement  of  Mar.  23,  1910.    P.  L.  1910,  p.  55. 

301.  Sec.  I.  If  at  any  primary  any  person  is  nominated 
as  a  candidate  for  office  who  before  the  holding  of  such 
piimary  had  not  filed  a  certificate  consenting  to  stand  as 
a  candidate  if  so  nominated,  the  name  of  such  candidate 
shall  not  be  printed  on  the  official  ballot  unless  the  person 
so  nominated  as  a  candidate  shall,  within  ten  days  after 
the  holding  of  such  primary,  file  in  the  office  of  the  clerk 
of  the  county  within  which  said  primary  was  held  a  cer- 
tificate stating  that  he  is  qualified  for  the  office  and  ac- 
cepts such  nomination. 

Supplement  of  Apr.  i,  1910.    P.  L.  1910,  p.  120. 

302.  Sec.  I.  All  petitions  providing  for  the  nomination 
of  candidates  for  public  office  in  a  single  ward,  *  *  ^f; 
and  all  petitions  endorsing  the  person  or  persons  therein 
named  for  the  position  of  delegate  or  delegates  to  the  en- 
suing State  *  =!=  =i^  convention  *  *  *  shall  be  filed 
with  the  municipal  clerk,  *  *  *  days  prior  to  said 
primary  election.  (See  P.  L.  191 1,  p.  276,  sec.  42,  para- 
graph 347,  post.,  P.  L.  19 1 2,  388.  See  paragraph  243,  ante.) 

Supplement  of  Apr.  4,  1910.    P.  L.  1910,  p.  128. 

303.  Sec.  I.  All  lawful  expenses  heretofore  incurred 
within  the  body  of  the  county,  in  special  elections  held 
throughout  the  State  or  throughout  the  body  of  any  county 
thereof,  shall  be  paid  by  the  board  of  chosen  freeholders 
of  such  county,  unless  otherwise  provided  by  law. 

304.  Sec.  2.  If  no  item  of  appropriation  was  inserted 
iii  any  county  tax  budget  for  the  payment  of  such  ex- 
penses, or  if  the  item  was  exceeded,  and  such  board  of 
freeholders  has  no  funds  available  for  the  payment  of  the 
same,  then  it  shall  be  lawful  for  such  board  to  place  the 
amount  of  such  election  expenses  in  the  tax  levy;  and 
such  board  may  borrow,  on  temporary  loan  bonds,  suf- 
ficient moneys  to  pay  such  election  expenses,  said  bonds 
to  be  payable  within  one  year  from  their  date,  to  bear 
interest  at  not  exceeding  five  per  centum  per  annum,  pay- 
able semi-annually,  and  shall  be  executed  in  the  manner 
that  bonds  of  such  county  are  usually  executed,  and  shall 


141 

be  sold  at  either  public  or  private  sale  for  not  less  than  par, 
and  the  said  board  shall  place  in  the  tax  levy  next  after 
the  issuance  of  such  bonds  an  item  of  appropriation  suf- 
ficient to  pay  the  principal  and  interest  thereof  as  the 
same  mature. 

Supplement  of  Apr.  ii,  igio.    P.  L.  igio,  p.  416. 

^os.  Sec.    I.  In  the  event  of  a  vacancy  occurring  by    Filling 

,        ,  ,  .  .  ,  .  .  rr  vacancies 

aeath,   removal,   resignation,  or  otherwise,   in  any  otnce,    occurring 
the  candidates  for  which  are  required  by  law  to  be  nomi-    ^ly^To"  '^'^ 
anted  by  petition  and  voted  upon  at  a  primary  election,    petition  and 
which  vacancy  shall  occur  prior  to  the  general  election    election, 
but  subsequent  to  the  day  fixed  by  law  as  the  last  day 
for  filing  the  appropriate  petition,  the  county  committee, 
or  the  city  or  other  municipal  committee  where  the  va- 
Cr.ncy  affects  only  such  city  or  other  municipality,  of  each 
political  party,  is  hereby  authorized  to  select  a  candidate 
for  the  office  in  question  and  file  a  statement  of  such  selec- 
tion with  the  clerk  of  such  municipality  as  the  candidate, 
if  elected,  would  serve  or  represent,  and  the  person  so  se- 
lected shall  be  the  candidate  of  the  party  at  the  ensuing 
general  election;  and  the  said  selection  shall  be  made  by 
such  committee  within  five  days  after  the  vacancy  shall 
occur;  provided,  hozvcver,  that  such   statement  shall  be    Proviso, 
filed  not  later  than  fifteen  days  prior  to  such  general  elec- 
tion ;  and  provided  farther,  that  notice  of  the  selection  as    proviso 
aforesaid   shall  be   given  by   the  municipal   clerk  to  the 
county  clerk. 

Supplement  of  Apr.  19,  191 1.    P.  L.  191 1,  p.  276. 

3c6.  Sec.  i.  No  election  district  within  this  State  shall    ^ll^^^l^ 
contain  more  than  four  hundred  voters,  except  in  an  elec-    districts, 
tion  district  wherein  there  may  be  located  a  home  or  in- 
stitution wherein  persons  entitled  to  vote  may  reside,  and 
in  any  such  district  the  number  of  voters  shall  be  as  near 
four  hundred  as  possible.    Immediately  after  this  act  goes 
into  effect,  the  governing  board  or  body  in  every  city,  bor-    p^°5L°^m2 
ough,  town,  township,  village  or  other  separate  munici-    p.  667.) 
pality,  shall  examine  the  registry  list  of  each  election  dis- 
trict within  any  such  city,  borough,  town,  township,  vil- 
lage or  other  separate  municipality,  and  if  it  shall  appear 


142 


Readjust- 
ment of 
district  lines 


Proviso. 


Municipal 

clerks 

notified. 


Divisions 
made. 


Clerk  to 
obtain 
registry 
boxes   from 
county    clerk. 


Readjusted 
boundaries 
filed. 


from  such  examination,  or  from  other  available  sources  of 
information  that  there  is  therein  any  election  district  in 
which  over  four  hundred  votes  were  cast  at  the  last  gen- 
eial  election,  the  said  governing  board  or  body  shall  im- 
mediately readjust  the  boundary  lines  of  the  election  dis- 
tricts so  that  no  election  district  shall  contain  over  three 
hundred  and  fifty  registered  voters.  Whenever  thereafter 
at  any  general  election,  in  any  election  district,  over  four 
hundred  votes  shall  have  been  cast,  the  said  governing 
board  or  body,  as  aforesaid,  shall  again  readjust  the  boun- 
dary lines  of  election  districts  and  shall  have  power  to  con- 
solidate any  number  of  districts  and  resubdivide  the  same ; 
provided,  that  in  every  division,  change  or  readjustment 
of  the  boundary  lines  of  such  election  districts,  the  geo- 
graphical compactness  of  each  district  shall  be  maintained 
and  the  lines  of  such  district  shall  not  extend  beyond  the 
boundary  lines  of  the  ward  in  the  city,  borough,  town, 
township  or  village  in  which  such  district  is  located. 

It  shall  be  the  duty  of  the  Secretary  of  State,  within 
five  days  after  the  passage  of  this  act,  to  send  by  mail 
to  the  clerk  of  each  municipality  in  this  State  a  copy  of 
this  section  of  this  act.  It  shall  be  the  duty  of  said  clerk 
to  forthwith  cause  such  copy  to  be  laid  before  the  said 
governing  board  or  body  of  such  municipality;  and  said 
board  shall  proceed  to  carry  out  the  provisions  of  this  sec- 
tion of  this  act.  It  shall  not  be  lawful  for  such  board  to 
make  division  of  any  election  district  between  the  twen- 
tieth day  of  April  and  the  day  of  the  general  election  in 
any  year.  The  clerk  of  any  city,  borough,  town,  township, 
village  or  other  separate  municipality  may  make  applica- 
tion to  the  justice  of  the  Supreme  Court  holding  the  circuit 
court  in  his  county,  for  an  order  directing  the  county  clerk 
of  such  county  to  transmit  to  such  municipal  clerk  the 
registry  books  of  any  election  district  in  his  municipality, 
for  the  purpose  of  such  redistricting,  which  order  shall  di- 
rect the  time  within  which  such  registry  books  shall  be 
returned  to  such  county  clerk. 

307.  Sec.  2.  Whenever  any  readjustment  of  the  boun- 
daries of  an  election  district  has  been  made,  the  govern- 


143 

ing  board  or  body  making  such  readjustment  shall  imme- 
diately cause  a  description  of  the  boundaries  of  such  re- 
adjusted district  to  be  filed  in  the  county  clerk's  office  and 
a  duplicate  thereof  in  the  office  of  the  clerk  of  the  city, 
borough,  town,  township,  village,  or  other  municipality. 
For  the  purpose  of  the  foregoing  sections  the  term  "elec- 
tion district"  shall  be  construed  to  mean  the  territory  with-  di^Jrfct"" 
in  which  there  is  a  single  polling  place  for  all  voters  defined, 
therein. 

II. 

30S.  Sec.    3.  The   members   of   the   district  boards   of  Appoint- 
registry  and  election  in  each  election  district  in  this  State   election 
shall  hereafter  be  appointed  in  the  manner  hereinafter  pre-   <'®^^'^^- 
scribed. 

309.  Sfx.  4.  Two  members  of  each  board  of  registry  two 
and  election    shall  be    appointed    from  each    of    the  two   JJom^^each 
political  parties  which  at  the  last  preceding  general  elec-    political 
tion  cast  the  largest  and  next  largest  number  of  votes  in 
the  State  for  members  of  the  General  Assembly. 

The  chairman  of  each   county  committee  of  said  po-   County 
litical  parties,  shall,  on  or  before  the  first  day  of  June  in   send  list  to 
the  year  one  thousand  nine  hundred  and  eleven,  and  there-   ^(^o^mlssior 
after  on  the  first  day  of  May  in  each  year,  transmit  in 
writing  to  the  State  Civil  Service  Commission  at  Trenton, 
a  list  of  men  of  good  moral  character  whom  said  chaimian 
recommends  for  appointment  in  the  several  election  dis- 
tricts in  his  county.    In  said  list  said  chaimian  may  recom- 
mend more  than  the  number  of  men  who  are  entitled  to 
be  appointed  under  this  act. 

Not  less  than  five  legal  voters  of  this  State,  all  of  whom   voters  may 
shall  be  members  of  one  of  the  political  parties  aforesaid,   have^names 
and  who  reside  in  the  same  election  district,  may  prepare  ^jj^^i   °iist 
and  sign  with  their  names,  residences  and  post-office  ad- 
dress, a  petition  addressed  to  the  State  Civil  Service  Com- 
mission setting  forth  that  the  signers  are  qualified  voters 
of  the  election  district  in  which  they  reside;  that  they  are 
members  of  a  political  party  (naming  the  same),  and  that 
at  the  last  election  for  members  of  the  General  Assembly 


144 


Additional 
facts  set 
forth  in 
petition. 


When   peti- 
tion   filed. 


preceding  the  execution  of  the  said  petition,  at  which  they 
voted,  they  voted  for  a  majority  of  the  candidates  of  said 
party  for  National,  State  and  county  offices,  and  that  they 
intend  to  affiHate  with  said  party  at  the  ensuing  election; 
that  they  endorse  the  person  named  in  their  petition  as 
a  candidate  for  member  of  the  board  of  registry  and  elec- 
tion of  said  party  for  the  election  district  in  which  said 
signers  reside,  that  said  person  is  a  member  of  said  party, 
and  that  they  request  the  said  State  Civil  Service  Com- 
mission to  examine  the  person  so  endorsed,  and  if  found 
qualified,  to  place  the  name  of  said  person  upon  the  eligi- 
ble list  of  men  qualified  to  be  appointed  to  said  position  in 
said  election  district;  and  said  petition  shall  further  state 
the  residence  and  post-office  address  of  the  person  so  en- 
dorsed and  shall  certify  that  the  person  so  endorsed  is  of 
good  moral  character  and  is,  in  the  judgment  of  the  peti- 
tioners, legally  qualified  under  the  laws  of  this  State  to 
serve  as  an  election  officer  in  said  district,  and  that  he  has 
resided  for  the  period  of  one  year  in  the  election  district 
in  which  he  is  endorsed  for  appointment  or  in  any  territory 
of  a  readjusted  district  included  in  the  new  district;  each 
of  the  said  petitions  shall  be  verified  by  the  oath  or  affirma- 
tion of  one  or  more  of  the  signers  thereof,  taken  and  sub- 
scribed before  a  person  qualified  under  the  laws  of  New 
Jersey  to  administer  an  oath,  to  the  effect  that  such  peti- 
tion is  signed  in  their  own  proper  handwriting  by  each  of 
the  signers  thereof;  that  said  signers  are  to  the  best  of 
the  knowledge  and  belief  of  the  affiant^  legal  voters  of  the 
said  election  district  as  stated  in  said  petition,  and  belong 
to  the  political  party  named  in  said  petition,  and  that  said 
petition  is  prepared  and  filed  in  absolute  good  faith  for  the 
sole  purpose  of  endorsing  the  person  therein  named  in 
order  to  secure  his  appointment  as  election  officer  as  stated 
in  said  petition.  Said  petition  shall  be  filed  with  the  State 
Civil  Service  Commission  on  or  before  the  first  day  of 
June,  one  thousand  nine  hundred  and  eleven,  and  there- 
after on  or  before  the  first  day  of  May  in  each  year.  No 
voter  shall  endorse  more  than  one  person  for  a  member 
of  a  board  of  registry  and  election. 


145 

Accompanying    said    petition,    each    person    endorsed    ^^'^jj^^*®  ^^ 
therein  shall  file  a  certificate  under  oath  stating  that  he    to  fitness 
is  qualified   for  the  position  of  election  officer  as  men-    intention. 
tioned  in  said  petition,  that  he  belongs  to  said  political 
party  and  at  the  last  election  for  members  of  the  Gen- 
eral Assembly  preceding  the  execution  of  said  petition, 
at  which  he  voted,  he  voted  for  a  majority  of  the  candi- 
dates of  the  said  party  nominated  for  national,  State  or 
county  officers,  and  he  intends  to  affiliate  with  the  said 
party  at  the  ensuing  election ;  that  if  he  shall  be  appointed 
to  said  position,  he  agrees  to  perform  the  duties  thereof 
for  the  term  for  which  he  shall  be  appointed. 

310.  Sec.  5.  The  said  State  Civil  Service  Commission  Examina- 
shall  hold  in  each-  county  in  this  State  a  civil  service  ex-  applicants, 
amination  for  the  purpose  of  passing  upon  the  qualifica- 
tions of  said  applicants  for  the  position  of  members  of  the 
boards  of  registry  and  election  in  the  election  district  of 
such  county  before  the  fifteenth  day  of  August  in  each 
year.  The  said  commission  shall  give  five  days'  notice 
by  mail  to  all  the  applicants  from  each  county  whose  ap- 
plications are  filed  with  them  as  aforesaid,  of  the  time 
and  place  of  holding  the  civil  service  examination  in  such 
county.  The  said  examination  shall  be  held  for  the  pur-  tions  to  be 
pose  of  determining  that  the  said  applicants  for  the  said  considered, 
appointments  shall  possess  the  following  qualifications: 
the  ability  to  distinguish  readily  the  ordinary  colors,  such 
as  red,  blue,  black,  green,  white  and  yellow;  such  eye- 
sight as  will  enable  the  applicant,  with  or  without  eye- 
glasses, to  read  nonpareil  type;  the  ability  to  read  the 
English  language  readily;  the  ability  to  add  and  subtract 
figures  correctly;  the  ability  to  write  in  a  legible  hand 
with  reasonable  facility;  a  reasonable  knowledge  of  the 
duties  required  to  be  performed  by  them  as  election  officers 
under  the  election  laws  of  the  State ;  health,  which  would 
permit  them  to  discharge  their  duties  as  such  election  offi- 
cers ;  and  that  each  applicant  shall  be  of  good  moral  char- 
acter and  shall  have  resided  in  the  election  district  in 
which  he  makes  application  to  be  appointed,  or  in  any  ter- 
ritory of  a  readjusted  district  included  in  the  new  district, 


146 

for  the  term  of  at  least  one  year,  and  that  he  is  a  legal 
voter  in  such  district. 
List   of   sue-       'pj^g  Civil  Service  Commission  shall,  as  a  result  of  said 

cessful  appli- 
cants examination,  on  or  before  the  twentieth  day  of  August 

in  each  year,  certify  to  the  judge  or  judges  of  the  Court 
of  Common  Pleas  in  each  county  and  to  the  county  boards 
of  elections  therein,  the  applicants  who  pass  such  exam- 
ination for  members  of  the  boards  of  registry  and  election 
in  each  county.  In  such  certificates  the  Commission  shall 
indicate  to  which  political  party  the  applicants  belong, 
naming  the  applicants  of  each  party  in  each  election  dis- 
Appropria.  trict.  The  sum  of  ten  thousand  dollars  shall  be  appro- 
°°*  priated  annually  for  the  expenses  of  the  State  Civil  Service 

Commission  in  carrying  out  the  provisions  of  this  act. 
The  said  expenses  shall  be  paid  upon  requisition  upon  the 
financial  officers  of  the  State,  signed  by  the  said  com- 
mission and  endorsed  by  the  Governor.  Such  portion  of 
said  sum  of  ten  thousand  dollars  as  it  may  not  be  necessary 
to  expend  for  the  said  purpose  shall  be  returned  to  the 
State  Treasury. 
Manner  of  311.  Sec.  6.  It  shall  be  the  duty  of  each  county  board 

eLction^  of  elections,  from  the  eligible  list  certified  as  aforesaid, 
frora^  the  ^^  ^^  before  the  twenty-fifth  of  August  in  each  year,  to 
eligible  list,  select  the  members  of  the  boards  of  registry  and  election 
for  said  county  in  the  manner  following,  to  wit:  Each 
name  so  certified  shall  be  written  on  a  separate  piece  of 
paper,  together  with  the  election  district  in  which  the 
person  so  named  shall  reside,  which  pieces  of  paper  shall 
be  separately  folded  so  as  to  conceal  the  name  and  elec- 
tion district  of  each  person  so  certified ;  the  pieces  of  paper 
containing  the  names  of  the  members  of  the  largest  po- 
litical party  as  aforesaid  shall,  in  the  presence  of  such 
judge  or  judges,  be  put  into  a  box  for  said  party,  and 
those  of  the  next  largest  political  party  deposited  in  a  like 
manner  in  a  box  to  be  used  for  that  party.  Before  de- 
positing the  same,  said  slips  shall  be,  by  said  judge  or 
judges,  compared  with  the  list  certified  as  aforesaid  by 
said  Civil  Service  Commission.  Said  pieces  of  paper 
by^iot!  when  so  folded  shall  be  of  the  same  size,  color  and  shape 


147 

as  nearly  as  may  be.  After  the  said  boxes  shall  be  closed 
and  shaken  in  such  a  manner  as  to  intermingle  the  pieces 
of  paper  so  placed  therein,  the  county  board  of  elections, 
or  some  person  appointed  by  such  judge  or  judges  for 
that  purpose,  in  the  presence  of  the  county  boards  of  elec- 
tion and  of  said  judge  or  judges,  shall,  in  an  open  and 
public  manner,  draw  out  of  said  boxes,  separately,  as  many 
names  as  may  be  necessary  to  provide  in  each  election 
district  four  members  of  the  board  of  registry  and  elec- 
tion, being  two  members  from  each  of  said  political  par- 
ties. 

The  names  so  drawn  as  aforesaid  and  transcribed  by  County 

the  county  board  of  elections  as  they  are  read  by  the  per-  elections  to 

sons  drawing  them  from  the  box,  shall  constitute  the  elec-  H^sonl 

tion  officers  as  aforesaid,  and  it  shall  be  the  duty  of  the  drawn  to 

.     t  J      r     1        •  .         .  district 

county  board  of  elections  to  appoint  the  persons  so  drawn   boards, 
as  aforesaid  as  the  members  of  the  board  of  registry  and 
election  in  the  respective  districts  for  which  they  were 
chosen,  and  to  issue  to  each  of  them  a  proper  certificate 
of  appointment. 
The  proceedings  as  aforesaid  shall  be  under  the  direc-    Proceedings 

,.  P  ^,       .     J  .     -  -    ,  ^  ,  under  direc- 

tion ot  the  judge  or  judges  of  the  court  of  common  pleas,    tion  of 

who  shall  have  full  power  and  authority  to  conduct  such    ^^"''*' 

proceedings  in  accordance  with  the  intent  and  purpose  of 

this  act  and  to  provide  for  the  correction  of  any  mistakes 

or  errors  in  the  method  of  doing  and  performing  the  same. 

312.  Sec.  7.  If  in  any  election  district  there  are  no  ap-    if  no  appii- 
plicants  on  the  eligible  list  of  one  or  both  of  such  political    cancy,  'ap-^*' 
parties,  or  if  at  any  time,  for  any  reason,  a  vacancy  oc-    J^u^^e™^"*  ^^ 
curs  in  any  district,  said  judge  or  judges  of  the  Court  of 
Common  Pleas  shall  select  a  member  for  such  vacancy 
from  the  voters  of  the  proper  political  party  in  said  elec- 
tion district,  and  certify  the  same  to  the  said  county  board 
of    elections,    which    shall    appoint  the    men  so  certified. 
Such  selection  by  said  judge  or  judges  of  the  court  shall 
be  made  without  any  civil  service  examination,  but  the 
said  judge  or  judges  shall  select  said  men  in  accordance 
with  the  intent  of  this  act,  as  hereinbefore  provided. 


148 


Term  of 

election 

officers. 


Period   of 
eligibility. 


Right  to 
question    ap- 
pointments. 


Prompt 
decision. 


Hearing  a 
vleterraina- 
tion. 


313.  Sec.  8.  The  election  officers  thus  appointed  shall 
hold  office  for  the  term  of  two  years  or  until  their  suc- 
cessors are  appointed,  unless  sooner  removed  as  herein- 
after provided,  but  the  term  of  one  of  the  members  of 
the  board  of  registry  and  election  of  each  poHtical  party 
in  each  election  district  first  appointed  under  this  act  shall 
be  for  one  year  or  until  his  successor  is  appointed.  The 
member  whose  term  shall  be  one  year  shall  be  determined 
by  lot  by  the  said  judge  or  judges  of  the  Court  of  Common 
Pleas.  Any  person  who  has  once  passed  the  examination 
herein  provided  shall  be  eligible  for  appointment  for  the 
period  of  six  years  thereafter,  without  further  examina- 
tion; and  upon  his  application  to  the  Civil  Service  Com- 
mission, stating  that  he  has  resided  for  the  period  of  one 
year  in  the  election  district  in  which  he  seeks  appointment, 
or  any  territory  that  is  a  portion  thereof  in  case  the  same 
has  been  redistricted,  said  commission  shall  certify  his 
name  on  the  eligible  list  to  the  county  board  of  elections, 
and  to  the  judge  or  judges  aforesaid. 

314.  Sec.  9.  Any  voter  who  has  reason  to  believe  that 
said  appointments  have  not  been  made  in  accordance  with 
the  provisions  of  this  act,  or  that,  for  any  reason,  any 
appointee  is  not  qualified  or  is  ineligible,  may  present  a 
petition  to  any  judge  assigned  to  hear  cases  in  the  Circuit 
Court  in  and  for  said  county  or  to  any  judge  of  the  Court 
of  Common  Pleas  in  said  county,  setting  forth  his  reasons 
and  praying  that  such  judge  shall  make  an  order  requiring 
and  directing  the  county  board  of  elections  to  cancel  the 
appointments  complained  of,  and  to  make  new  appoint- 
ments as  requested  in  the  said  petition,  or  as  may  be  de- 
termined upon  by  said  judge.  Said  judge,  on  the  filing 
of  the  said  petition,  shall  adjudicate  upon  the  same  in  a 
summary  way,  upon  such  notice  to  the  county  board  of 
elections,  and  to  the  person  or  persons  whose  appointments 
are  complained  of,  as  he  may  direct  to  be  made.  Upon  the 
hearing  of  the  said  application,  such  judge  shall  take  such 
testimony  as  he  shall  deem  necessary  to  determine  the 
merits  of  the  application,  and  shall  render  such  judgment 

as  will  carry  out  the  intent,  purpose  and  provisions  of  this 


149 

act.    Said  judge  shall  have  power  after  hearing,  as  afore-    ^^^se  may 
said,  to  cancel  the  appointments  of  such  members  of  the   Xew  appoint- 
district  boards  of  registry  and  elections,  and  to  fill  such   "^^'^  ^" 
vacancy  from  the  voters  of  the  election  district  wherein 
such  vacancy  so  arises.    Upon  the  filing  of  such  new  ap- 
pointments with  the  said  county  board  of  elections,  the 
persons  therein  named  shall  become  members  of  the  re- 
spective boards  of  registry  and  election  to  which  they  are 
appointed  as  aforesaid,   for  the   unexpired  term   of  the 
members  removed,  and  said  county  board  shall  issue  to 
them  the  proper  certificate  of  appointment. 

315.  Sec.  10.  The  board  or  body  having  charge  of  the   Expenses  met 
finances  in  each  municipality  shall  provide  for  the  ex-    paimes!  ^ 
penses  of  carrying  out  this  act  in  their  municipaHty,  except 

as  herein  otherwise  provided. 

316.  Sec.    II.  The   compensation   of   each   member   of    Compensa- 
the  boards  of  registry  and  election  for  all  services  per-    election 
formed  by  them  under  the  provisions  of  this  act  and  the    ^<>^^^s- 
act  of  which  this  act  is  a  supplement,  and  the  supple- 
ments to  and  amendments  of  said  act,  shall  be  as  follows: 

For  each  registry  day  other  than  the  primary  registry    when  popu- 
day,  including  the  services  in  making  the  house-to-house    ceeds  5,000. 
canvass  in  municipalities  having  a  population  of  less  than 
five  thousand,  eight  dollars ;  for  the  primary  registry  day, 
including  all  services  rendered  in  holding  the  primary  elec-    p^^^^gis 
tion,  except  services  in  mailing  the  ballots,  fifteen  dollars ;    p-  '^^• 
for  mailing  the  primary  and  election  sample  ballots,  four 
dollars ;  for  all  services  on  election  day,  including  count- 
ing of  the  votes  and  delivery  of  returns  and  ballot-box, 
with  contents,  to  the  municipal  clerk,  fifteen  dollars;  for 
services  at  any  special  election,  ten  dollars ;  for  all  services 
in  holding  the  primary  for  selection  of  delegates  to  na- 
tional conventions,  including  the  making  up  of  the  regis- 
try list  and  the  mailing  of  sample  ballots,  fifteen  dollars. 
The  same  shall  be  in  lieu  of  all  other  fees  and  paymenis 
whatsoever. 


I50 


III. 


Delegates 
to    national 
conventions 
chosen  at 
primary. 


Chairmen    of 
state   com- 
mittees   to 
notify   sec- 
retary  of 
state  of 
number   of 
delegates. 


Secretary  of 
state   to 
certify 
number 
to  county 
clerk. 


One  hundred 
voters  may 
petition  to 
place  name 
on  party 
ticket. 


317.  Sec.  12.  All  delegates  and  alternates  to  the  na- 
tional convention  of  the  political  parties  before  mentioned 
in  this  State  shall  be  chosen  at  primary  elections  as  here- 
inafter provided. 

318.  Sec.  13.  The  chairman  of  the  State  committee 
of  said  political  parties  shall  notify  the  Secretary  of  State, 
on  or  before  the  fifteenth  day  of  April  in  the  year  in 
which  a  President  of  the  United  States  is  to  be  elected, 
of  the  number  of  delegates  at  large,  and  the  number  of 
alternates  at  large,  to  be  elected  to  the  next  national  con- 
vention of  his  party,  by  the  voters  of  the  party  through- 
out the  State ;  and  also  the  number  of  delegates  and  alter- 
nates who  are  to  be  chosen  to  said  national  convention  in 
the  respective  congressional  districts  or  other  territorial 
subdivisions  of  the  State,  as  mentioned  in  said  notification. 
If  the  State  chairman,  or  either  of  them,  shall  fail  to  file 
such  notice,  it  shall  be  the  duty  of  the  Secretary  of  State 
to  ascertain  the  said  facts  from  the  call  for  said  national 
convention  issued  by  the  national  or  State  committee  of 
said  party. 

319.  Sec.  14.  The  Secretary  of  State  shall,  on  or  be- 
fore the  twentieth  day  of  April  in  such  year,  certify  to 
the  county  clerk  of  each  county  in  this  State  the  number 
of  delegates  and  alternates  at  large  to  be  chosen  by  each 
party  as  aforesaid,  and  the  number  of  delegates  and  al- 
ternates to  be  chosen  in  each  congressional  district  or  other 
territorial  subdivision  of  the  State  composed  in  whole  or 
in  part  of  the  county  of  such  county  clerk. 

320.  Sec.  15.  Not  less  than  one  hundred  members  of 
either  of  said  political  parties  may  file  with  the  Secretary 
of  State,  on  or  before  the  first  day  of  May  in  any  year  of 
a  presidential  election,  a  petition  requesting  that  the  name 
of  the  person  therein  endorsed  shall  be  printed  on  the 
primary  ticket  of  their  political  party  as  candidate  for 
the  position  of  delegate  at  large  or  alternate  at  large,  to 
be  chosen  by  the  party  voters  throughout  the  State  to  the 
national  convention  of  said  party,  or  as  a  delegate  or  alter- 


151 

nate  to  be  chosen  to  said  convention  by  the  voters  of  any 
congressional  district  or  other  territorial  subdivision  of 
the  State  larger  than  a  single  county.  The  signers  to  the 
petition  for  any  delegate  at  large  or  alternate  at  large  shall 
be  legal  voters  resident  in  the  State;  and  the  signers  for 
any  delegate  or  alternate  from  any  congressional  district 
or  subdivision  greater  than  a  single  county  shall  be  voters 
of  such  district  or  subdivision.     The  Secretary  of  State   Secretary 

of   state   to 

shall,  within  five  days  thereafter,  certify  to  each  county   certify  such 
clerk  in  this  State  said  nominations  for  delegates  and  alter-   county  clerk, 
nates  at  large,  and  the  nominations  for  delegate  or  alter- 
nate for  any  congressional  district  or  other  territorial  sub- 
divisions made  up  in  part  of  the  county  of  such  county 
clerk. 

^21.  Sec.  1 6.  Not  less  than  one  hundred  votes  of  either  retition  to 

.  ..  ,  ,,  -ij'        place  name 

of  said  political  parties  residents  in  any  congressional  dis-  on  district 
trict,  or  other  territorial  subdivision  of  this  State,  situated  *^^  ^*" 
within  a  single  county,  entitled  under  the  call  of  their 
party  to  choose  delegates  and  alternates  to  the  said  na- 
tional convention  of  the  party,  may  file  with  the  county 
clerk  of  their  county  on  or  before  the  first  day  of  Mar  in 
any  presidential  year,  a  petition  requesting  that  the  name 
of  the  person  therein  endorsed  may  be  printed  on  the  prim- 
ary ticket  of  their  party  as  a  candidate  for  the  position  of 
delegate  or  alternate  for  said  district  or  subdivision. 

;^22.  Sec.   17.  Candidates  for  the  position  of  delegates       ndidates 
or  alternates  may  be  grouped  together,  and  they  also  may   grouped, 
have  the  name  of  the  candidate  for  President  whom  they 
favor  placed  opposite  their  individual  names,  or  opposite 
such  groups,  if  they  so  request  in  their  petitions,  under  the 
caption  "Choice  for  President."     The  said  petitions  shall 
be  as  near  as  may  be  in  the  form  now  required  by  law  in   pg^^^Son. 
the  case  of  petitions  for  the  nomination  of  delegates  to 
State  conventions  of  political  parties  in  this  State. 

323.     Sec.  iS.  Each  county  clerk  shall  forward,  on  or 
before  the  eighth  day  of  May,  to  the  clerk  of  each  mu-   ^le^ks^to 
nicipalitv  in  his  county  a  statement  of  the  persons  whose   forward 

^        '  -^  .  .   1  /■  1  names    to 

names  are  to  be  printed  on  the  primary  ticket  of  each  party   municipal 

clerks. 


152 


Municipal 
clerks    to 
have   printed 
official 
primary 
tickets. 


as  candidates  for  the  position  of  delegates  and  alternates, 
filed  with  or  certified  to  him  as  hereinbefore  provided. 

324.  Sec.  19.  Said  municipal  clerk  shall  cause  to  be 
printed  official  primary  tickets  for  each  political  party 
containing  the  names  of  the  persons  for  whom  the  party 
voters  in  his  municipality  are  entitled  to  vote  as  candi- 
dates as  aforesaid  for  the  positions  of  delegates  and  al- 
ternates to  the  national  convention  of  such  party.  The 
form  of  said  ballot  shall  be  as  near  as  may  be  the  form 
authorized  in  section  forty  of  this  act. 


IV. 


Municipal 
clerks   to   de- 
liver to 
clerks  of 
election 
supplies 
necessary  for 
primary. 


Also   ballots 
and   boxes. 


Polling 
places. 


Primary   to 
choose    dole- 
gates   to   na- 
tional   con- 
ventions. 


325.  Sec.  20.  Each  of  said  municipal  clerks  shall  de- 
liver to  the  clerk  of  each  board  of  registry  and  election 
in  his  municipality,  at  the  office  of  the  municipal  clerk,  on 
or  before  Tuesday  preceding  the  day  of  the  primary  as 
hereinafter  provided,  the  poll  book  and  the  primary  book 
made  up  in  such  election  districts  at  the  last  preceding 
general  and  primary  elections  respectively,  and  the  books 
and  forms  for  writing  down  the  names  of  voters,  making 
out  returns  and  the  affidavits  filed  with  him,  and  gen- 
erally such  things  as  such  clerks  are  now  required  by  law 
to  furnish  said  boards  for  use  at  the  annual  primary  elec- 
tion in  September  of  each  year,  taking  receipts  therefor 
from  said  election  clerk,  and  said  election  clerk  shall  de- 
liver the  same  to  the  board  of  registry  and  election  of 
which  he  is  clerk  in  time  for  use  at  said  primary  election. 
On  or  before  the  day  of  the  primary  said  municipal  clerk 
shall  also  deliver  to  such  board,  at  his  office,  the  ballots 
and  ballot-boxes  for  each  party.  Said  municipal  clerks 
shall  also  procure  the  places  for  holding  the  primary  elec- 
tions herein  provided  for,  which  shall  be  as  near  as  may 
be  the  same  places  used  for  the  primary  and  general  elec- 
^tions  held  in  the  fall  of  each  year. 

326.  Sec.  21.  Said  primary  elections  for  the  choice  of 
said  delegates  and  alternates  of  both  political  parties  shall 
be  held  on  the  fourth  Tuesday  of  May  in  each  presiden- 
tial year,  from  one  to  nine  P.  M.    Said  primary  elections 


153 

shall  be  conducted  by  the  members  of  the  boards  of  regis- 
try and  election,  as  near  as  may  be  in  the  manner  now 
required  by  law  for  the  conduct  of  the  annual  primary 
elections  in  September  of  each  year;  and  the  provisions 
of  this  act  and  of  the  act  to  which  this  act  is  a  supplement, 
and  of  the  acts  amendatory  thereof  and  supplemental 
thereto,  shall  apply  as  far  as  may  be  to  the  primary  elec- 
tion held  under  this  act,  except  as  herein  otherwise  pro- 
vided. 

327.  Sec.  22,  Every  voter  whose  name  shall  appear  on   ^^^  entitled 

.  ^^  to    vote    for 

the  poll  book  of  the  last  preceding  general  election  in  the  delegates  to 
election  district  in  which  he  offers  to  vote,  or  who  has  ven\°ons  *^°" 
been  registered  by  affidavit  as  hereinafter  provided,  shall 
be  entitled  to  vote  in  the  primary  of  his  political  party 
held  under  this  act  for  the  election  of  delegates  and  alter- 
nates to  national  conventions.  No  person  shall  be  allowed 
to  vote  at  said  primary  unless  his  name  appears  on  said 
poll  book,  or  unless  he  has  been  registered  by  affidavit  as 
hereinafter  provided;  nor  shall  any  voter  be  allowed  to 
vote  in  the  primary  of  one  political  party  if  his  name  ap- 
pears in  the  primary  book  of  the  other  political  party  as 
made  up  at  the  last  preceding  primary  election  in  said  elec- 
tion district. 

328'.  Sec.  23.  Any  voter  qualified  to  vote  at  the  general    by^mda^ft 
election  in  this  State,  who  did  not  vote  at  the  general    with 
election  preceding  any  primary  election  to  be  held  under    clerk, 
this  act  for  the  selection  of  delegates  to  national  conven- 
tions, may  register  for  said  primary  election,  'and  be  en- 
titled to  vote  thereat,  by  filing  with  the  municipal  clerk 
of  his  municipality,  at  least  ten  days  prior  to  the  day  of 
the  primary  an  affidavit  in  the  form  now  required  by  law 
for   registering  voters   for  any  general   election.     From   How  primary 
said   poll  books   and   affidavits,   and   from   said   primar>'    made. 
books,  the  board  of  registry  and  election  shall  make  up  a 
primary  registr}-  list  for  said  primary  elections,  with  the 
letter  "R"  or  the  letter  "D"  opposite  the  names  of  those 
voters  whose  names  appear  in   said   primary  books,   re- 
spectively; and  from  said  lists  shall  determine  the  right 
of  each  voter  offering  to  vote  at  said  primary.     It  shall 


154 


Sample 
ballots  and 
envelopes 
distributed. 


Mailed    to 
each   voter 


Receipts 
required. 


Statement 
on  envelopes. 


Character    of 
sample  pri- 
mary   ballot. 


Samples 
posted. 


be  the  duty  of  the  municipal  clerk  in  each  municipality  in 
the  State  to  furnish  to  each  board  of  registry  and  elec- 
tion in  his  municipality,  at  his  office,  on  or  before  the  Tues- 
day preceding  said  primary  election  for  the  selection  of 
delegates  to  the  national  conventions,  a  sufficient  number 
of  official  sample  primary  ballots  of  each  party,  and  a  suf- 
ficient number  of  one-cent  stamped  envelopes,  to  enable 
the  said  board  to  mail  one  copy  of  the  sample  primary  bal- 
lot of  each  party  to  each  voter  who  has  registered  for  said 
primary  election;  and  it  shall  be  the  duty  of  each  of  said 
boards  to  prepare  and  deposit  in  the  post  office,  on  or  be- 
fore twelve  o'clock  on  Wednesday  preceding  the  said 
primary  day,  said  stam|>ed  envelopes  containing  a  copy  of 
the  sample  primary  ballot  of  each  political  party  addressed 
to  each  voter  whose  name  appears  in  the  said  registry  list 
for  said  primary.  Each  of  said  boards  shall  give  to  the 
municipal  clerk  a  receipt  for  said  sample  ballots  and  en- 
velopes, signed  by  one  of  their  members,  and  shall  return 
to  said  clerk  the  unused  sample  ballots  and  stamped  en- 
velopes, with  a  written  statement  signed  by  all  of  the  mem- 
bers of  said  board,  to  the  effect  that  the  remainder  of  said 
sample  ballots  and  envelopes  were  actually  mailed  or  posted 
as  provided  in  this  act.  Each  of  said  envelopes  shall  have 
printed  on  the  face  thereof  in  large  type  the  words  ''Sam- 
ple Primary  Ballot"  and  in  small  type  the  words  "If  not 

delivered  in  two  days  return  to   "   (city  or 

town  clerk),  and  said  returned  envelopes  shall  be  retained 
by  the  municipal  clerk  for  thirty  days  open  to  public  in- 
spection.   Said  sample  ballots  so  mailed  shall  not  be  voted. 

329.  Sec.  24.  The  said  sample  primary  ballots  shall  be 
as  nearly  as  possible  a  facsimile  of  the  official  ballot  to 
be  voted  at  the  said  primary  election,  and  shall  be  printed 
on  paper  different  in  color  from  the  official  primary  bal- 
lot, so  that  the  same  may  be  readily  distinguished  from 
the  official  primary  ballot.  The  sample  ballot  shall'  have 
printed  at  the  top  in  large  type  the  words,  "This  sample 
ballot  is  an  exact  copy  of  the  ballot  to  be  used  on  primary 
day.    This  ballot  cannot  be  voted." 

The  clerk  of  tht  board  of  registry  and  election   shall 


155 


also  post  such  sample  primary  ballot  in  the  polling  place 
and  five  other  public  places  in  his  district. 

It  shall  be  unlawful  for  any  election  officer  to  accept 
from  any  voter  and  deposit  in  the  ballot-box  any  sample 
primary  ballot. 


Not    to    be 
voted. 


330.  Sec.  25.  Each  board  of  registry  and  election  shall 
count  and  canvass  the  returns  of  said  primary  election  at 
the  close  thereof,  and  forthwith  deliver  said  returns,  boxes, 
poll  books  of  the  preceding  general  election,  affidavits, 
primary  books,  and  list  of  voters  voting  in  each  primary, 
to  the  municipal  clerk.  Said  clerk  shall  forthwith  cer- 
tify to  the  county  clerk  the  result  of  the  returns  so  filed 
with  him.  The  county  clerk  shall  ascertain  from  said 
certificates  the  persons  who  have  received  the  highest 
number  of  votes  for  delegates  and  alternates  to  the  na- 
tinonal  convention  of  each  party,  in  the  territorial  division 
situated  wholly  within  said  county,  and  shall  issue  to  such 
persons  a  certificate  certifying  to  the  fact  of  their  selec- 
tion as  aforesaid.  Said  county  clerk  shall  also  forthwith 
forward  to  the  Secretary  of  State  a  statement  showing  the 
number  of  votes  cast  for  each  candidate  for  delegate  or 
alternate  to  be  chosen  by  the  voters  of  each  party  through- 
out the  State,  or  from  the  congressional  or  other  terri- 
torial district  larger  than  a  single  county,  of  which  said 
county  is  a  part.  The  Secretary  of  State  shall  forthwith 
ascertain  from  said  statements  the  persons  in  each  party 
who  have  received  the  highest  number  of  votes  for  dele- 
gates at  large,  alternates  at  large,  and  delegates  and  alter- 
nates chosen  in  each  congressional  or  other  territorial  dis- 
trict larger  than  a  single  county ;  and  shall  forthwith  issue 
to  each  of  such  persons  a  certificate  certifying  that  said 
persons  have  been  duly  chosen  as  such  delegates  and  alter- 
nates respectively.  The  persons  receiving  such  certificates 
from  the  Secretary  of  State,  or  any  of  the  county  clerks, 
shall  be  deemed  to  be  chosen  at  said  primary  election  as 
such  delegates  and  alternates,  respectively. 


Canvassing, 
returns,    dis- 
position  of 
books,    etc. 


Certificates 
of  election 
by  county 
clerlis. 


County    clerk 
to   forward 
statement. 


Secretary    of 
state  to  issue 
certificate    of 
election   to 
delegates   to 
convention. 


iS6 


V. 


Candidate 

for 

president 
may   have 
name    placed 
on   primary 
ticket   by 
t'otition. 


Petitioning. 


Secretary    of 
state  to  cer- 
tify to 
county    clerls 
and  he  to 
municipal 
clerk. 


Preference 
indicated. 


Canvass   and 
certifications. 


331.  Sfx;  26.  It  shall  be  lawful  for  not  less  than  one 
thousand  voters  of  any  political  party  in  this  State  to  file 
a  petition  with  the  Secretary  of  State,  on  or  before  the 
first  day  of  April  in  any  year  in  which  a  President  of  the 
United  States  is  to  be  chosen,  requesting  that  the  name 
of  the  person  endorsed   in  said  petition  as  a  candidate 
of  the  said  party  for  the  office  of  the  President  of  the 
United  States  shall  be  printed  upon  the  official  primary 
ballot  of  said  party  for  the  then  ensuing  election  for  dele- 
gates to  the  national  convention  of  said  party.    Said  peti- 
tion shall  be  in  the  form  required  by  law  for  the  endorse- 
ment of  a  candidate  for  United  States  Senator,  but  it  shall 
not  be  necessary  to  have  the  consent  of  such  candidate  for 
President  endorsed  on  said  petition ;  all  of  the  names  need 
not  be  signed  to  the  same  original  petition,  but  copies 
thereof  may  be  made  to  which  signatures  may  be  attached, 
but  every  petition  shall  have  annexed  the  affidavit  of  one 
or  more  of  the  signers  that  the  other  signers  to  the  said 
petition  signed  the  same  in  good  faith  for  the  purposes 
therein  mentioned.     The  Secretary  of  State  shall  certify 
the  names  so  filed  in  his  office  to  the  county  clerk  of  each 
county  on  or  before  the  twenty-fifth  day  of  April,  and  such 
county  clerk  shall  forthwith  certify  the  same  to  the  mu- 
nicipal clerk  of  each  municipality  in  his  county  on  or  be- 
fore the  twenty-ninth  day  of  April,  and  the  said  municipal 
clerk  shall  cause  said  names  so  certified  to  be  printed  upon 
the  primary  tickets  of  the  respective  political  parties  for 
use  at  the  then  next  ensuing  primary  election  for  the  elec- 
tion of  delegates  to  the  national  convention  of  said  par- 
ties, under  the    heading    "Choice    for    President."     The 
voters  at  such  primary  election  may  indicate  their  prefer- 
ence among  the  candidates  for  President,   whose  names 
thus  appear  upon  the  ticket,  by  marking  a  cross  in  the 
square  at  the  right  thereof.     The  votes  so  cast  for  such 
candidates  for  President  shall  be  counted,  canvassed  and 
returned  to  the  municipal  clerk  by  the  board  of  registry 
and  elections,  and  shall  be  certified  by  such  municipal  clerk 


^\n  noun  ce- 
ment. 


forthwith  to  the  county  clerk,  who  in  turn  shall  forthwith 
certify  them  to  the  Secretary  of  State,  and  the  Secretary 
of  State  shall  publicly  announce  the  vote  cast  for  each 
candidate  for  President  in  each  party,  as  shown  by  the 
said  returns  so  filed  in  his  office. 

In  the  event  that  anv  candidate  for  nomination,  who    ^^  case  of 

,  -  -    .  .  .  01     ,    .        1        o  f    declination. 

is  thus  endorsed  m  a  petition  filed  in  the  Secretary  of 
State's  office,  shall  on  or  before  the  twenty-fifth  day  of 
April  decline  in  writing,  filed  in  the  office  of  the  Secre- 
tary of  State,  to  have  his  name  printed  upon  said  pri- 
mary ticket,  the  said  Secretary  of  State  shall  not  certify 
the  name  of  such  candidate  to  the  respective  county  clerks. 


VI. 

332,  Sec.   2y.  No  person  shall  be  entitled  to  vote  at   ^^^l  ^^^ 
any  primary  election   held   in   September  of  each  year,   Primary, 
pursuant  to  the  act  to  which  this  act  is  a  supplement,  and 

its  supplements  and  amendments,  unless  his  name,  at  the 
time  of  voting,  shall  appear  upon  the  poll-books  used  at 
the  preceding  general  election  or  upon  the  primary  reg- 
istry list  made  up  as  hereinafter  provided;  but  any  quali- 
fied voter  may  register  on  said  primary  day  for  the  en- 
suing general  election  in  the  manner  provided  by  law. 

It  is  the  intention  of  this  act  that  in  cities,  towns,  town-   xwo  registry 
ships,  boroughs  and  villages  exceeding  five  thousand  in-   iJsts  when 
habitants  there  shall  be  two  registry  lists — a  primary  regis-   exceeds 
try  list,  and  a  general  election  registry  list — and  that  the 
primary  registry  list  shall  consist  of  the  names  on  the 
poll-book  of  the  general  election  of  the  preceding  year, 
with  the  corrections  and  additions  herein  provided   for, 
and  that  the  general  election  registry  list  shall  be  made 
up  as  hereinafter  provided. 

333.  Sec.  28.  The  first  registry  day  in  cities,  towns.  First  regis- 
townships,  boroughs  and  villages  having  a  population  ex- 
ceeding five  thousand  shall  be  held  on  the  second  Tues- 
day of  September  in  each  year,  and  on  said  day  the  board 
of  registry  and  election,  in  each  election  district  in  such 
municipalities,  shall  sit  at  the  place  and  during  the  hours 


try   day. 


158 


Make    pri- 
mary 
register. 


Names   to   be 
placed  on 
registers. 


Party 
designation. 


Procedure 
when  new 
districts 
have  been 
formed, 


as  required  by  law,  for  the  purpose  of  preparing  registry 
lists  of  voters  entitled  to  vote  at  the  ensuing  primary  and 
general  elections.     The  said  primary  registry  list  shall  be 
made  up  by  the  said  board  as  follows :  the  said  board  shall 
place  upon  the  said  primary  registry  list  the  names  of  all 
persons  whose  names  appear  upon  the  poll-book  of  their 
election  district  as  having  voted  in  said  election  district  at 
the  last  preceding  general  election.     Said  names  shall  be 
arranged  according  to  streets,  as  now  required  for  the 
general  election  registry  list.     The  municipal  clerks  shall 
preserve,  open  to  inspection,  the  poll-book  and  also  the 
primary  books  used  in  each  election  district  in  his  munici- 
pality in  each  year,  and  deliver  the  same  at  his  office  to  the 
respective  boards  of  registry  and  election  in  time  for  use 
on  said  registry  day  of  the  following  year.     Said  clerks 
shall  deliver  to  each  of  said  boards  in  his  municipality  a 
suitable  registry  book  for  the  primary  registry.     The  said 
district  boards  of  registry  and  election  shall  also  place 
upon  said  primary  registry  list,  and  also  upon  the  registry 
list  to  be  prepared  for  use  at  the  general  election,  the  names 
of  all  voters  who  shall  appear  in  person  before  said  board 
and  register  upon  said  first  registry  day;  and  shall  also 
place  upon  said  primary  registry  lists  (but  not  upon  said 
general   election   registry   list)    the   names   of   all   voters 
presented  to  said  board  by  affidavit,  as  now  required  by 
law.    Said  boards  shall  place  the  letter  "R"  opposite  such 
of  the  names  on  the  said  primary  registry  lists  as  ap- 
pear also  in  the  said  Republican  primary  book,  and  shall 
place  the  letter  "D"  opposite  such  of  said  names  as  ap- 
pear also  in  the  said  Democratic  primary  book.     When- 
ever it  shall  happen,  by  reason  of  the  creation  of  new 
election  districts  under  this  act,   or  for  any  other  rea- 
son, that  there  is  no  copy  of  the  poll-book  of  the  said 
election  district  used  at  the  general  election  of  the  pre- 
vious year,  or  no   copy  of  the  primary  book   for  such 
election  district,  the  municipal  clerk  shall  furnish  to  the 
said  board  of  registry  and  elections,  on  or  before  said 
first  registry  day,  a  list  of  names  of  voters  in  said  elec- 
tion district  who  voted  therein  at  the  last  previous  gen- 


159 

eral  election,  and*  also  of  those  who  voted  therein  at 
the  last  previous  primar}-  election  in  each  party  primary, 
which  names  shall  be  taken  from  the  poll-book  and  the 
primary  book  of  the  election  district  or  districts  of 
which  the  new  district  formed  a  part;  and  from  such 
lists  said  board  shall  make  up  the  primary  registry  list 
as  herein  provided.     If  the  poll-book  of  any  election  dis-    in  case 

t  ,  ,  ,  1          •  r     1  -1     poll-book 

trict  has  been  lost  or  destroyed  at  the  time  of  the  said  missing, 
first  registry  day,  then  the  said  board  in  said  district 
shall  make  up  the  primary  registry  list  in  said  district 
from  the  names  checked  as  voting  on  the  last  registry 
filed  with  the  county  clerk  and  from  the  names  on  the 
primary  books  of  the  two  poHtical  parties  of  the  last 
previous  primary,  together  with  the  names  of  voters  filed 
with  them  by   affidavit,   as   herein  provided. 

334.  Sfx.   2Q.  The    municipal    clerk     in    each    munici-    Sample  pri- 

^,        .  -^  '■  .         niary    ballots 

pahty  in  this  State  shall  furnish  to  each  board  of  regis-    and  envei- 
try  and  election  in  his  municipaUty,  at  his  office,  on  or   furnished, 
before  Tuesday  preceding  the  primary  election   in   Sep- 
tember in  each  year,  a  sufficient  number  of  official  sam- 
ple primary  ballots  of  each  party,  and  a  sufficient  num- 
ber of  one-cent   stamped   envelopes,   to  enable   the   said 
board  to  mail  one  copy  of  the  sample  primary  ballot  of 
each  party  to  aeeach  voter  who  is  registered  for  said  pri- 
mary election ;  each  of  said  boards  shall  prepare  and  de- 
posit in  the  post-office  on  or  before  twelve  o'clock  noon  on 
Wednesday  preceding  the  said  primary  day,  said  stamped   when  mailed, 
envelopes  containing  a  copy  of  the  sample  primary  ballot 
of  each  political  party  addressed  to  each  voter  whose  name 
appears  in  the  said  primary  registry  list.     Each  of  said 
boards  shall  give  the  municipal  clerk  a  receipt  for  said    Receipts 
sample  ballots  and  envelopes,  signed  by  one  of  their  mem-    ^^^^ 
bers,  and  shall  return  to  said  clerk  the  unused  sample  bal- 
lots and  stamped  envelopes,  with  a  sworn  statement  in 
writing,   signed   by  a  majority  of  the  members   of  said 
board,  to  the  effect  that  the  remainder  of  said  sample  bal- 
lots and  envelopes  were  actually  mailed  or  posted  as  pro- 
vided in  this  act ;  and  the  members  of  said  boards  failing 


i6o 


Words    on 
envelopes. 


Sample    bal- 
lots similar 
to   official 
ballots. 


Samples 
posted. 


Sample  not 
to    be    voted 


to  file  such  statement  shall  receive  no  compensation  for  the 
service  of  mailing  as  aforesaid. 

Each  of  said  envelopes  shall  have  printed  on  the  face 
thereof,  in  large  type,  the  words,  "Official  Sample  Primary 
Ballot,"  and  in  smaller  type  the  words,  "If  not  delivered 

in  two  days,  return  to "  (city 

or  town  clerk),  and  said  returned  envelopes  shall  be  re- 
tained by  the  municipal  clerk  for  thirty  days,  open  to  pub- 
lic inspection.  Said  sample  ballots  so  mailed  shall  not  be 
voted. 

The  said  sample  ballots  shall  be,  as  nearly  as  possible, 
a  facsimile  of  the  official  ballot  to  be  voted  at  the  said  pri- 
mary election,  and  shall  be  printed  on  paper  different  in 
color  from  the  official  ballot,  so  that  the  same  may  be 
readily  distinguished  from  the  official  ballot.  The  sample 
ballot  shall  have  printed  at  the  top  in  large  type  the  words : 
"This  sample  ballot  is  an  exact  copy  of  the  ballot  to  be 
used  on  primary  election  day.    This  ballot  cannot  be  voted." 

The  clerk  of  the  board  of  registry  and  election  shall  also 
post  such  sample  ballot  in  the  polling  place  in  his  district 
and  five  other  public  places  therein. 

It  shall  be  unlawful  for  any  election  officer  to  accept 
from  any  voter  and  deposit  in  the  ballot-box  any  sample 
ballot. 


VII. 


When    popu- 
lation less 
than  5,000 
registry 
made  by 
house 
canvass. 


335.  Sec.  30.  The  board  of  registry  and  election  in  each 
election  district  in  municipalities  containing  five  thousand 
inhabitants  or  less  shall  first  meet  on  the  said  first  regis- 
try day  on  the  second  Tuesday  in  September,  and  shall 
make  up  the  registry  by  a  house-to-house  canvass  as  now 
provided  by  law,  and  said  board  shall,  on  the  primary  day 
hereinafter  fixed,  use  as  a  registry  list  for  the  said  primary 
the  registry  list  for  the  general  election  which  the  said 
boards  are  now  required  by  law  to  prepare,  and  each  of 
said  boards  shal  cause  the  said  registry  list  to  be  made  up 
and  open  to  inspection  ten  days  prior  to  said  primary  day. 
Said  list  shall  contain  the  letters  "R"  and  "D"  to  be  in- 


i6i 


serted  therein  in  manner  and  form  as  hereinbefore  pro- 
vided. 

The  provisions  of  the  act  to  which  this  act  is  a  supple- 
ment and  its  amendments  and  supplements,  applying  to 
municipalities  containing  less  than  thirty  thousand  inhab- 
itants, shall  hereafter  apply  only  to  municipalities  con- 
taining five  thousand  inhabitants  or  less,  except  as  in  this 
act   otherwise  provided. 

336.  Sec.  31.  The  county  board  of  elections  shall  sit 
on  the  Friday  succeeding  the  first  registry  day,  as  here- 
inafter defined,  for  the  purpose  of  revising  and  correct- 
ing the  said  primary  registry  list.  The  said  county  board 
shall  have  the  power  to  strike  off  the  said  primary  registry 
list  the  names  of  all  persons  who  shall  be  shown,  by  evi- 
dence satisfactory  to  the  said  board,  not  to  be  qualified  to 
vote  at  the  said  ensuing  primary  election.  The  county 
board  of  elections  shall  transmit  to  the  respective  district 
boards  of  registry  and  election  a  certificate  or  certificates 
showing  the  corrections  made  by  them,  as  hereinbefore 
provided,  in  time  for  use  upon  the  ensuing  registry  and 
primary  day.  Any  voter  who  is  dissatisfied  with  the  action 
of  the  said  county  board  of  elections  may  apply  to  a  judge 
of  the  Court  of  Common  Pleas  in  the  said  county  by  peti- 
tion, stating  the  act  complained  of,  and  said  judge  may 
hear  such  application  in  a  summary  way,  and  make  such 
order  as  may  be  just,  which  order  shall  be  binding  upon 
said  county  and  district  boards  of  elections. 

^^y.  Sec.  32.  The  second  registry  day  in  all  municipali- 
ties in  this  State  shall  be  held  upon  the  fourth  Tuesday 
of  September  in  each  year,  and  upon  said  registry  day 
the  district  boards  of  registry  and  election,  in  each  elec- 
tion district  in  the  State,  shall  conduct  the  primary  elec- 
tions as  provided  by  law  from  seven  o'clock  A.  M.  to 
nine  o'clock  P.  M.  Each  voter  offering  to  vote  shall  an- 
nounce his  name  and  the  party  primary  in  which  he  wishes 
to  vote.  The  board  of  registry  and  election  shall  thereupon 
ascertain  by  reference  to  the  primary  registry  book  re- 
quired by  this  act,  and  if  necessary  by  reference  to  the  pri- 
mary book  or  pll  book  of  the  preceding  primary  or  gen- 


Act    • 

applicable. 


Revision  of 
register    by 
county 
board. 


District 
boards    noti- 
fied   of 
changes. 


Dissatisfied 
voter   may 
apply  to 
court. 


Second  reg- 
istry and  pri- 
mary   elec- 
tion   day. 


Manner   of 
voting. 


1 62 


Oath    if 
challenged. 


Transfer 
certificates. 


May    register 
at  primary 
for  general 
election. 


Separate 
registers    for 
general 
election. 


eral  election,  that  said  voter  is  registered  as  required  bv 
this  act,  and  also  that  he  did  not  vote  in  the  primary  of  the 
other  political  party  at  the  last  preceding  primary  ejection ; 
in  which  event  he  shall  be  allowed  to  vote;  but  no  voter 
shall  be  allowed  to  vote  at  said  primary  unless  his  name 
appears  on  the  poll  book  of  the  previous  general  election, 
or  has  been  placed  on  said  registry  list  prior  to  said  pri- 
mary day  as  hereinabove  provided ;  and  no  person  shown 
by  said  primary  registry  list,  verified,  when  requested  by 
the  voter,  by  reference  to 'the  preceding  primary  book,  to 
have  voted  in  the  primary  of  one  political  party  at  the  last 
preceding  primary  election,  shall  be  allowed  to  vote  in  the 
primary  of  the  other  political  party.  In  case  a  voter  is 
challenged,  he  shall  take  an  oath  or  affirmation,  to  be  ad- 
ministered by  a  member  of  the  board,  in  the  following 
form:  "You  do  solemnly  swear  (or  affirm)  that  you  are  a 

member  of  the political 

party  (specifying  the  political  party  to  which  the  affiant 
claims  to  belong)  ;  that  at  the  last  election  for  members  of 
the  General  Assembly  at  which  you  voted  }'ou  voted  for  a 
majority  of  the  candidates  of  said  party  nominated  for  na- 
tional, state  and  county  offices,  and  that  you  intend  to  sup- 
port the  candidates  of  said  party  at  the  ensuing  election." 
Each  board  of  registry  and  election  in  each  election  dis- 
trict, in  issuing  transfer  certificates  to  voters  who  formerly 
lived  in  their  districts,  but  who  have  between  the  last  gen- 
eral election  and  the  said  day  of  the  holding  of  said  pri- 
mary removed  to  some  other  district,  shall  be  governed 
by  the  provisions  of  this  act  in  relation  to  transfers  for  the 
general  election.  Any  voter  not  registered,  or  not  wish- 
ing to  vote  at  the  primary,  may  register  for  the  ensuing 
general  election,  but  every  voter  voting  at  the  primary  shall 
register  for  the  ensuing  general  election  in  the  manner 
provided  by  this  act. 

338'.  Sec.  33.  The  primary  registry  lists  made  up  as 
hereinbefore  provided  shall  be  used  only  for  the  primary 
election,  and  each  district  board  of  registry  and  election 
shall  make  up  the  registry  list  for  the  general  election  in 
the  manner  provided  by  law,  except  that  the  first  two  days 


i63 

of  registry  shall  be  as  herein  provided.  The  primary  elec- 
tions shall  be  held  as  provided  by  law,  except  as  herein 
provided. 

339.  Sec.  34.  Sections  thirty-three  (33)  and  thirty-four   orVaw^ 
(34)  of  the  act  entitled  "An  act  to  regulate  elections  (Re-   applicable, 
vision  of    1898)/'   approved  April   fourth,   one  thousand 

eight  hundred  and  ninety-eight,  shall  apply,  so  far  as  may 
be,  to  the  registration  and  primary  elections  held  pursuant 
to  this  act. 

VIII. 

340.  Sec.  35.  Any  person  endorsed  as  a  candidate  for   Endorsed 
nomination   for  any  public   office,   whose  name  is   to  be   ntay  ^^r^q^est 
voted   for  on  the  primary   ticket  of  any   political   party,    party 

•  '     ,  .  .  ,  .        .  .        designation. 

may  by  endorsement  on  the  petition  of  nomination  in 
which  he  is  endorsed,  request  that  the  said  clerk  shall  print 
opposite  his  name  on  said  primary  ticket  a  designation, 
in  not  more  than  six  words,  as  named  by  him  in  said  peti- 
tion, for  the  purpose  of  indicating  either  any  official  act 
or  policy  to  which  he  is  pledged  or  committed,  or  to  dis- 
tinguish him  as  belonging  to  a  particular  faction  or  wing 
of  his  political  party.  On  the  filing  of  any  such  petition, 
the  said  clerk  shall  cause  the  said  designation  to  be  printed 
opposite  the  name  of  the  said  person  upon  the  primar\' 
ticket.  If  several  candidates  for  nomination  to  the  same 
office  shall  in  said  petitions  request  that  their  names  be 
grouped  together,  and  that  the  common  designation  to  ^''^".^^^ 
be  named  by  them  shall  be  printed  opposite  their  said 
names,  the  said  clerk  shall  group  the  names  of  the  said 
persons  in  a  bracket,  and  opposite  the  said  bracket  shall 
print  the  said  designation  as  aforesaid.  If  two  candidates  New  name  if 
or  groups  shall  select  the  same  designation,  the  municipal  selection 
clerk  shall  notify  the  candidate  or  group  whose  petition  '"^*^^- 
was  last  filed,  and  said  candidate  or  group  shall  select  a 
new  designation. 

341.  Sec.  36.  Each  candidate  for  the  nomination  for  the    ^^^^^^legtsi^^- 
office  of  State  Senator  or  member  of  the  General  Assem-   ture  to  make 
bly,  or  for  election  to  either  of  such  offices,  shall  file  with    relative 

his  nominating  petition,  or  at  any  time  before  the  primary   g^^nator.' 


First 
statement. 


Alternate 
statement. 


164 


or  general  election,  with  the  county  clerk,  one  of  the  two 
following  statements : 

Statement  No.  i. 
I  hereby  state  to  the  people  of  New  Jersey,  as  well  as 

to  the  people  of county,  that  during  my  term 

of  office  I  will  vote  for  that  candidate  for  United  States 
Senator  in  Congress  who  has  received  the  highest  number 
of  votes  in  my  party  in  the  State  for  that  position  at  the 
primary  election  next  preceding  the  election  of  a  Senator 
in  Congress. 


(Signature  of  candidate.) 
If  a  candidate  shall  be  unwilling  to  sign  the  above  state- 
ment, then  he  shall  sign  and  file  the  following  statement: 

Statement  No.  2. 
During  my  term  of  office  I  shall  consider  the  vote  of 
the  people  for  United  States  Senator  in  Congress  as  a 
recommendation  which  I  shall  be  at  liberty  to  disregard 
if  the  reason  for  doing  so  seems  to  me  to  be  sufficient. 


(Signature  of  candidate.) 
Ever\^  blank  petition  for  nomination  officially  prepared 
shall  contain  the  foregoing  statements  in  blank. 


IX. 


Governor 
and  congress- 
men 

nominated 
directly. 


Petition    to 
place  name 
for    governor 
on  official 
primary- 
ticket. 


342.  Sec.  37.  All  candidates  of  political  parties,  as  de- 
fined in  the  act  to  which  this  act  is  a  supplement,  for  the 
office  of  Governor  or  Representative  in  Congress  in  this 
State,  shall  be  nominated  directly  without  the  interven- 
tion of  delegates  or  conventions  at  the  primary  elections 
held  in  September  pursuant  to  the  act  to  which  this  act 
is  a  supplement  and  the  acts  amendatory  thereof  and  sup- 
plementary thereto.  Not  less  than  one  thousand  voters 
of  any  political  party  may  file  with  the  Secretary  of  State 
of  New  Jersey  a  petition  endorsing  any  member  of  their 
political  party  as  a  candidate  for  nom.ination  of  said  party 


i6s 

to  the  office  of  Governor,  and  requesting  that  the  name 
of  the  person  so  endorsed  be  printed  upon  the  official  pri- 
mary ballot  of  said  party. 

Not  less  than  two  hundred  voters  of  any  political  party   Placing 
in  any  congressional  district  in  this  State  comprising  more   congress^on 
than  one  county,  may  file  with  the  Secretary  of  State  a   ^'^"^t- 
petition  or  petitions  endorsing  any  member  of  their  politi- 
cal party  as  a  candidate  for  the  nomination  of  said  party 
to  the  position  of  Representative  in  Congress  in  said  con- 
gressional district,  and  requesting  that  the  name  of  the 
person  so  endorsed  be  printed  upon  the  official  primary 
ballot  of  such  political  party. 

343.  Sec.  38.  Said  petitions  shall  be  signed  in  the  man-   Form  of 
ner  and  form  provided  for  the  signing  and  filing  of  nomi-    ^^  ^*^°°" 
nation  petitions  in  the  act  to  which  this  act  is  a  supple- 
ment, and  its  supplements  and  amendments,  and  to  said 
petitions,  or  one  of  them,  there  shall  be  attached  the  ac- 
ceptance of  the  person  endorsed  as  required  by  said  act. 
Not  all  of  the  names  of  petitioners  need  be  signed  to  a 
single  petition,  but  any  number  of  petitions  of  the  same 
purport  may  be  filed ;  provided,  in  the  aggregate  the  sig-    proviso, 
natures  thereto  endorsing  any  one  person  shall  be  the  num- 
ber required  by  this  act;  and  provided,  that  to  each  peti-    proviso, 
tion  there  shall  be  annexed  the  affidavit  of  at  least  one  of 
the  signers  thereto,  to  the  effect  that  the  said  petition  was 
signed  in  their  own  proper  handwriting  by  all  of  the  sign- 
ers thereof.     Said  petition  or  petitions  shall  be  filed  with    gecretary^^of 
the  Secretary  of  State  at  least  thirty  days  prior  to  the   state  and 

•^  ./  ^       r-  certified  to 

time  fixed  by  law  for  the  holding  of  such  primary  election,    county 
The  Secretary  of  State  shall  certify  the  names  of  the  per-    ^  ^^  '^' 
sons  so  endorsed  as  candidates  to  the  county  clerks  in  the 
counties   comprising   said   congressional   district   at   least 
twenty-five  days  prior  to  the  holding  of  said  primary  elec- 
tion. 

Not  less  than  two  hundred  voters  of  any  political  party    j^  (,.,3^ 
in   any   congressional   district   laid   out   wholly   within   a    congi-essionai 
single  county,  may  file  with  the  clerk  of  said  county  a    wholly  in 
petition  or  petitions  for  congressional  nominations,  made    county 
out  as  hereinbefore  provided,  twenty-five  days  prior  to  the   ^J^^tifv**^ 


i66 


Committee 
to  fill 
vacancies. 


Voters   to 

indicate 

choice. 


Results  in- 
cluded  in 
statements. 


primary  election.  The  county  clerk  in  each  county  shall 
certify  all  of  the  names  endorsed  for  the  office  of  Gov- 
ernor and  of  Representative  in  Congress,  filed  with  him 
pursuant  to  this  act,  to  the  clerk  of  each  municipality  in 
his  county  at  least  twenty  days  prior  to  the  time  fixed  by 
law  for  the  holding  of  said  primary  election,  specifying  in 
said  certificate  the  political  party  to  which  the  person  or 
persons  so  endorsed  belong,  and  said  municipal  clerks  shall 
each  respectively  cause  to  be  printed  upon  the  respective 
primary  ballots  for  each  political  party,  under  the  name  of 
''Candidates  for  Governor,"  or  ''Candidates  for  Congress," 
the  names  of  the  persons  so  endorsed  for  said  offices  re- 
spectively, in  addition  to  the  other  names  to  be  printed 
thereon  as  required  by  law. 

The  signers  to  said  petitions  endorsing  candidates  for 
Governor  or  Representative  in  Congress  may  name  three 
men  in  their  petition  as  a  committee  on  vacancies,  which 
committee  shall  have  power  in  case  of  death  or  the  per- 
son endorsed  as  a  candidate  in  said  petition  to  file  with  the 
Secretary  of  State,  or  county  clerk  (as  the  case  may  be), 
not  less  than  fifteen  days  prior  to  the  primaries,  a  new 
petition  endorsing  a  person  in  the  place  of  the  one  so 
dying,  which  name  shall  forthwith  be  certified  to  the  ap- 
propriate municipal  clerk. 

344.  Sec.  39.  The  party  voters  in  each  primary  shall 
indicate  their  choice  for  the  candidates  for  said  offices  in 
the  manner  provided  by  law,  and  the  board  of  registry 
and  election  in  each  election  district,  in  every  county  in 
this  State,  shall  canvass  the  results  of  the  said  primary 
election  as  to  the  nominations  provided  for  in  this  act  in 
the  manner  provided  by  law,  and  shall  include  the  re- 
sults of  such  primary  election  as  to  the  said  candidates 
in  the  statements  which  they  are  now  required  by  law 
to  transmit  to  the  municipal  clerk,  and  the  said  municipal 
clerk  shall  forthwith  transmit  the  said  results  to  the 
county  clerk.  Where  the  congressional  district  is  wholly 
within  the  limits  of  a  single  county,  the  county  clerk  shall 
canvass  the  returns  as  transmitted  to  him  by  the  various 
municipal  clerks  of  his  county,  and  the  person  having  in 


1 67 


the  aggregate  the  highest  number  of  votes  for  nomination 
for  the  office  of  Representative  in  Congress  in  the  con- 
gressional district  or  districts  comprised  within  said  county, 
shall  be  the  candidate  of  his  respective  party  for  the  said 
office.  Each  county  clerk  shall  certify  to  the  Secretary  of 
State  the  results  of  said  primary  elections  as  to  the  office  of 
Governor.  Each  county  clerk  of  a  county  which  forms  a 
part  of  a  congressinal  district  larger  than  a  single  county 
shall  certify  to  the  Secretary  of  State  the  results  of  said 
primary  election  as  to  the  office  of  Representative  in  Con- 
gress in  his  county ;  and  the  Secretary  of  State  shall  forth- 
with canvass  the  results  so  certified  by  the  said  couniy 
clerks  as  to  the  office  of  Governor,  an  of  Representative  in 
Congress  in  each  of  such  congressional  districts,  and  the 
person  receiving  the  highest  number  of  votes  for  Governor 
in  each  party  throughout  the  State,  as  shown  by  said 
returns,  shall  be  the  party  candidate  for  Governor  at  the 
ensuing  general  election,  and  the  person  receiving  the  high- 
est number  of  votes  within  each  congressional  district  shall 
be  the  candidate  for  his  political  party  for  the  office  of 
Representative  in  Congress  from  such  district  at  the  ensu- 
ing general  election ;  and  the  Secretary  of  State  shall  forth- 
with certify  the  names  of  the  persons  so  ascertained  to  have 
been  nominated  for  Governor  as  aforesaid,  to  the  county 
clerk  of  each  county.  He  shall  also  certify  to  each  county- 
clerk  of  a  county  which  forms  part  of  a  congressional  dis- 
trict the  name  of  the  person  so  ascertained  to  have  been 
nominated  as  Representative  in  Congresss  for  the  district 
of  which  said  county  forms  a  part.  The  said  county  clerks 
shall  cause  the  names  of  the  persons  ascertained  as  afore- 
said to  be  the  party  candidates  for  the  office  of  Governor 
and  of  Representative  in  Congress  to  be  printed  upon  the 
official  ballots  at  the  ensuing  election  as  the  candidate  for 
said  office,  under  appropriate  headings.  In  the  event  of 
a  failure  to  select  any  candidate  for  Governor  or  for  Con- 
gress by  reason  of  two  or  more  persons  receiving  the  high- 
est and  the  same  number  of  votes,  the  chairman  of  the 
State  committee  of  the  said  political  party  shall  select  one 
of  the  said  candidates  to  be  the  candidate  of  the  party  for 


Returns    cer- 
tified  to 
^secretary    of 
state. 


Results 
canvassed. 


Party    candi- 
dates for 
governor  and 
congress. 


County    clerk 
to    cause 
names 
printed   on 
official 
ballots. 


m 

tie. 


case      ol 


i6S 


the  said  office,  and  shall  file  a  certificate  to  that  effect  with 
the  Secretary  of  State,  or  the  appropriate  county  clerk, 
and  the  person  so  selected  shall  be  the  party  candidate 
for  the  said  office,  and  the  Secretary  of  State,  when  such 
certificate  shall  have  been  filed  with  him,  shall  forthwith 
certify  the  names  of  the  persons  so  ascertained  to  have 
been  nominated  as  aforesaid  to  the  county  clerk  of  each 
county,  who  shall  cause  such  name  to  be  printed  as  afore- 
said on  the  official  ballots. 


X. 


Form   of  pri- 
mary   ballot. 


Coupon. 


[Amended, 
P.    L.    1912, 
p.    665, 
chap.  371.1 


Certain 
printed 
directions. 


Names   ar- 
ranged alpha- 
betically. 


345.  Sec.  40.  The  ballots  to  be  used  at  primary  el^- 
tions  help  pursuant  to  this  act  and  to  the  act  to  which  this 
act  is  a  supplement,  and  the  supplements  to  and  amend- 
ments of  said  act,  shall  be  made  up  and  printed  substan- 
tially in  the  following  form : 

Each  ballot  shall  have  at  the  top  thereof  a  coupon  at 
least  two  inches  square  extending  above  a  perforated  line. 
The  coupon  shall  be  numbered  for  each  of  said  political 
parties,  respectively,  from  one  consecutively  to  the  number 
of  ballots  delivered  and  received  by  the  election  officers  of 
the  respective  polling  places.  Upon  the  coupon  and  above 
the  perforated  line  shall  be  the  words  ''To  be  torn  off  by 
the  judge  of  election.  Fold  to  this  line."  Below  the  per- 
forated line  shall  be  printed  the  words  "Democratic  Pri- 
mary Ticket,"  or  "Republican  Primary  Ticket,"  or,  as  the 
case  may  be,  naming  the  proper  political  party,  as  provided 
in  this  act ;  next  there  shall  be  printed  the  name  of  the 
municipality  and  number  of  the  ward  and  election  district 
in  which  the  ballot  is  to  be  voted,  and  the  date  of  the  pri- 
mary election  and  the  name  of  the  municipal  clerk,  which 
name  shall  be  a  facsimile  of  the  signature  of  the  said  clerk. 
Next  shall  be  printed  directions  instructing  the  voter  how 
to  indicate  his  choice  for  each  office  or  position,  and  for 
how  many  persons  to  vote,  as  for  instance,  "Mark  a  cross 
X  in  the  square  at  the  left  of  the  name  of  the  person  for 
whom  you  wish  to  vote,"  "Vote  for  one,"  "Vote  for  two," 
or  a  greater  number,  as  the  case  may  be.     The  names  of 


169 

all  candidates  for  the  same  office  shall  be  printed  in  alpha- 
betical order  under  the  several  designations  of  the  office 
to  be  voted  for,  unless  grouped  as  provided  in  section 
thirty-five  of  this  act.  A  single  light-faced  rule  shall  be 
used  to  separate  the  different  names  in  each  group  of  can- 
didates. A  heavy-faced  rule  shall  be  used  between  each 
group  of  candidates  for  different  offices.  The  designation  separa1:ed. 
named  by  candidates  in  their  petitions  for  nomination,  as 
provided  by  law,  shall  be  printed  in  a  second  column  in  as 
large  type  as  the  space  will  allow.  At  the  left  and  opposite 
the  name  of  each  candidate  for  office,  or  for  the  position 
of  delegate,  shall  be  printed  a  square,  at  least  one-quarter 
of  an  inch  square,  in  which  the  voter  is  to  indicate  his 
choice.  The  following  is  an  illustration  of  the  said  form 
of  ballot: 


170 


Illustration. 


To  be  torn  off  by  the  Judge  of  Election. 

No.  75. 

Fold  to  this  line. 


Democratic  Primary  Ticket. 

City  of  Newark.        Ward  No.  5.        Election  District  No. 

4.        September  22,  1909.        John  Doe,  City  Clerk. 


Mark  a  cross  X  in  the  square  at  the  left  of 
the  name  of  the  person  for  whom  you  wish  to 
vote. 

For  Governor. 

Vote  for  one. 

Thomas  Jones. 

Jacob  Smith. 

Henry  Stone. 

For  Mayor, 

Vote  for  one. 

Edward  Hall. 

for  Commission  Charter 

George  Jackson. 

Cleveland  Democrat. 

Peter  Randall. 

For  United  States  Senator.  Vote  for  one. 

Charles  Blackstone. 

William  Kent. 

using  so  much  of  said  form  as  may  be  applicable  to  the 
current  primary  election  and  extending  the  same  to  pro- 
vide for  cases  not  therein  specified,  and  a  like  ballot  shall 
be  printed  for  all  other  political  parties.  There  shall  be 
no  endorsement  upon  the  back  of  any  ballot. 


171 
The  distribution  and  use  of  official  ballots  at  anv  pri-   p^^iai   bai- 

'     ^  lets  confined 

mary  election  shall  be  confined  exclusively  to  the  polling  to  poiung 
room,  as  in  this  act  directed.  The  board  of  registry  and  ^'  ^^^' 
election  shall  hand  to  each  voter  the  ballot  he  is  entitled  to 
cast.  Should  any  voter  to  whom  an  official  ballot  has  been 
handed  spoil  or  render  the  same  unfit  for  use,  he  shall  re- 
turn the  one  so  spoiled  or  unfit  for  use  and  obtain  another 
from  the  board  of  registry  and  election,  but  no  more  than 
two  official  ballots  shall  be  furnished  to  any  voter,  except 
at  the  discretion  of  said  board. 

346.  Sec.  41.  At  the  said  primary  election  each  voter  As  to  mark- 
shall  indicate  his  choice  for  the  candidates  for  nomination,   ^^^ 

by  making  a  mark  in  the  square  opposite  the  name  of  the 
candidate  for  whom  he  wishes  to  vote  for  each  office  or 
position,  to  the  extent  of  the  number  of  candidates  to  be 
nominated  for  said  office  or  position.    If  a  voter  marks  his 
ballot  for  more  candidates  for  any  office  or  position  than 
are  to  be  selected  therefor,  said  ballot  shall  not  be  void 
as  to  the  candidate  for  any  other  office  or  position  for 
which  it  is  properly  marked.    The  method  of  voting  shall   Method  of 
be  that  hereinafter  provided  for  the  general  election,  so  far   primary^ 
as  may  be,  but  the  primary  registry  list  shall  be  used  in- 
stead of  the  poll-book  and  the  number  of  the  ballot  given 
to  each  voter  shall  be  marked  in  front  of  his  name  on  the 
primary  list.    The  board  of  registry  and  election  shall  pre-    ^^^^^^^  p^ri. 
serve  all  primary  ballots  returned  by  a  voter  as  spoiled  or   oiary  ballots, 
unfit  for  use,  and  said  board  shall  keep  a  record  of  all  such 
ballots  and  shall  place  them  on  the  string  with  the  coupons. 
Said  coupons  and  all  spoiled  and  unused  ballots  shall  be 
placed  inside  the  ballot-boxes  and  delivered  with  the  ballot- 
boxes  to  the  municipal  clerk. 

The  said  ballots  shall  be  canvassed,  counted  and  returned    canvassing, 
as  provided  by  law,  except  as  in  this  act  otherwise  pro- 
vided. 

347.  Sec.  42  All  petitions  endorsing  candidates  for  Filing  names 
nominations  on  the  primary  ticket  of  any  party  to  be  *^  primlrr^ 
voted  for  within  a  single  municipalitv  must  be  filed  with    ballots  in 

single   mu- 

the  proper  municipal  clerk  twenty  days  before  the  day  of    nicipaiity. 
the  primar}' ;  and  it  shall  be  the  duty  of  such  clerk  to 


172 


forthwith  notify  any  candidate  so  endorsed,  whose  peti- 
tion for  nomination  is  defective,  setting  forth  the  nature 
of  such  defect,  and  the  date  when  the  ballots  will  be 
printed,  and  such  candidate  shall  be  permitted  to  amend 
such  petition  either  in  form  or  in  substance,  so  as  to  remedy 
such  defect,  at  any  time  prior  to  the  printing  of  such 
ballots. 


XL 


Personal 
registration 
in  municipal- 
ities over 
5,000. 


Third    regis- 
trj'  day. 


Arrange- 
ment   of 
registry 
book. 


Entry  of 
names ;    de- 
tails  as   to 
residence, 
age,    employ- 
ment,   etc. 


348.  Sec.  43.  In  cities,  towns,  townships,  boroughs, 
and  villages  exceeding  five  thousand  inhabitants,  no  per- 
son shall  be  allowed  to  vote  at  any  general  election  un- 
less he  shall  first  have  registered  personally  or  by  affidavit 
as  required  by  this  act.  No  registration  by  affidavit  for  the 
general  election,  except  as  hereinafter  provided  shall  here- 
after be  allowed  in  such  municipalities,  and  the  third  reg- 
istering day  therein  shall  be  on  Tuesday  two  weeks  next 
preceding  the  general  election. 

349.  Sec.  44.  In  all  cities,  towns,  townships,  boroughs 
and  villages  containing  a  population  exceeding  five  thou- 
sand, the  registry  list  or  book  shall  be  arranged  in  col- 
umns, and  the  leaves  thereof  shall  be  indexed  from  A  to 
Z.  In  the  first  column  of  such  register  there  shall  be 
entered,  at  the  time  of  the  completion  of  the  registration 
on  the  last  day  of  registration,  a  number  opposite  the  name 
of  each  person  so  enrolled,  beginning  wath  *'one"  opposite 
the  first  name  entered  in  the  page  index  A,  and  continu- 
ing in  numerical  order  to  and  including  the  last  name  en- 
tered upon  the  last  page  of  such  register.  On  each  day  of 
registration  there  shall  be  entered  in  the  second  column 
thereof  the  surname  of  such  persons  in  the  alphabetical 
order  of  the  first  letter  thereof,  on  the  page  bearing  the  in- 
dex letter  of  such  surname,  and  in  the  third  column  the 
Christian  name  or  names  of  such  persons  respectively.  In 
the  fourth  column  shall  be  entered  the  residence  number 
or  other  designation,  and  in  the  fifth  column  the  name  of 
the  street  or  avenue  of  such  residence,  or  a  brief  descrip- 
tion of  the  locality  thereof.     In  the  sixth  column  shall  be 


173 


entered  the  number  of  the  floor  or  room  occupied  by  the 
voter  at  the  residence  given  by  him,  and  in  the  seventh 
column  shall  be  entered  the  full  name  of  the  householder, 
tenant,  subtenant  or  apartment-lessee  with  whom  the  voter 
resides,  and  in  the  eighth  column  shall  be  entered  his  age, 
in  the  ninth  shall  be  entered  his  length  of  residence  by 
years  in  this  State,  and  in  the  tenth  column  shall  be  entered 
the  country  of  his  nativity,  which  shall  mean  the  country, 
State  or  province  of  the  voter's  birth,  irrespective  of  his 
former  political  allegiance.  In  the  eleventh  column  shall 
be  entered  the  name  of  the  municipality  from  which  such 
person  last  registered  or  voted.  In  the  twelfth  column 
shall  be  entered,  if  the  voter  is  in  business  for  himself  or 
with  others,  the  name  under  which  he  is  so  in  business,  or, 
if  the  voter  is  employed  by  some  other  person,  the  name 
of  his  present  employer.  If  he  is  not  in  business  and  has 
no  employment,  the  word  "none"  shall  be  entered,  together 
with  the  name  under  which  he  was  last  in  business  or  the 
name  of  his  last  employer,  if  any.  In  the  thirteenth  col- 
umn shall  be  entered  the  street  and  number,  or  if  it  has  no 
street  number,  a  brief  description  of  the  location  of  the 
place,  if  any,  where  he  is  so  in  business  or  employed,  or, 
if  unemployed,  the  place,  if  any,  where  he  was  last  in  busi- 
ness or  employed.  The  fourteenth  column  shall  be  reserved 
for  the  signature  of  the  voter  at  the  time  of  registration, 
or  in  case  the  voter  alleges  his  inability  to  write,  for  en- 
tering therein  the  number  of  the  "identification  statement," 
made  by  such  voter  as  hereinafter  provided,  or,  if  the 
voter  has  registered  by  affidavit,  for  the  entry  and  number 
of  such  affidavit  as  hereinafter  required  in  such  case. 
Above  each  horizontal  line  in  the  said  fourteenth  column 
shall  be  printed  the  words  "the  foregoing  statements  are 
true,"  and  the  voter  shall,  at  the  time  of  registration,  (un- 
less he  register  by  affidavit  as  hereinafter  provided),  sign 
his  name  by  his  own  hand  and  without  assistance,  using 
an  indelible  pencil  or  ink,  below  such  words  on  the  hori- 
zontal line  in  a  register  of  voters,  which  register  shall  be 
known  as  the  "signature  copy."  Said  signature  copy  shall 
be  other  than  a  public  copy,  and  shall  be  used  at  the  polls 


•ignature. 


Identifica- 
tion 
statement. 


Signature 
copy. 


1/4 


If    unable    to 
write,    state- 
meUt    to    be 
prepared. 


Identifica- 
tion 

statement 
book. 


Poll   boolis. 
etc.,  provided 
by    secretary 
of  state. 


on  election  day.  If  the  voter  alleges  his  inability  to  sign 
his  name,  one  of  the  members  of  the  board  of  registry  and 
election,  in  addition  to  taking  down  the  information  re- 
quired to  be  written  in  the  "signature  copy"  of  the  registry 
book,  shall  read  to  the  voter  the  following  list  of  questions 
from  a  book  to  be  furnished  said  boards,  and  to  be  known 
as  ^'identification  statements  for  registry  day,"  and  said 
member  shall  write  down  in  said  book  the  answers  of  the 
voter  to  the  following  questions:  What  is  or  was  your 
father's  full  name?  What  is  or  was  your  mother's  full 
name?  Are  you  married  or  single?  Where  did  you  ac- 
tually reside  immediately  prior  to  taking  up  your  present 
residence;  state  floor  and  character  of  premises?  At  the 
bottom  of  each  list  of  questions  shall  be  printed  the  follow- 
ing statement:  "1  certify  that  I  have  read  to  the  above- 
named  elector  each  of  the  foregoing  questions,  and  that 
I  have  truly  recorded  his  answers  as  above  to  each  of  said 
questions;"  and  said  member  who  has  made  the  above 
record  shall  forthwith  sign  his  name  to  said  certificate  and 
date  the  same.  The  above  questions  shall  be  printed  on 
separate  sheets  of  paper,  which  shall  be  furnished  said 
board  bound  together  in  book  form,  and  numbered  conse- 
cutively, and  the  number  corresponding  to  the  number  on 
each  sheet  containing  said  list  of  questions  shall  be  entered, 
when  the  questions  have  been  answered,  in  the  fourteenth 
column,  in  the  register  of  voters  in  which  the  voters  regis- 
tering have  signed  their  names.  Said  book  of  "identifica- 
tion statements  for  registry  day"  shall  be  kept  at  all  times 
with  the  register  in  which  the  voters  sign  their  names 
as  hereinbefore  provided.  The  registration  books  as  pro- 
vided in  this  section,  together  with  a  sufficient  number  of 
identification  statements  bound  in  book  form,  and  the  poll- 
books  as  herein  provided,  and  the  forms  of  affidavit  here- 
inafter mentioned  for  persons  unable  to  register  personally, 
shall  be  provided  by  the  Secretary  of  State  at  the  expense 
of  the  State,  and  shall  be  furnished  to  each  board  of  regis- 
try and  election  in  the  same  manner  as  the  poll-books  are 
now  furnished  to  said  boards,  except  that  the  lines  in  the 
registers  and  poll-books  provided  for  in  this  section  shall 


175 


be  one-half  inch  apart  and  each  page  of  said  registers  and 
poll-books  shall  in  each  case  be  consecutively  numbered. 

Any  voter  who  is  unable  by  reason  of  illness  or  absence 
from  the  State  to  register  personally  may  make  and  sign 
an  affidavit,  on  a  form  to  be  procured  from  a  board  of 
registry  and  election,  containing  a  statement  of  the  reasons 
for  his  inability  to  register  in  person  and  also  the  same 
statements  which  a  voter  registering  personally,  is  required 
to  make  as  hereinbefore  provided.  Said  affidavit  shall  be 
taken  before  some  person  legally  authorized  to  take  affi- 
davits, and  if  taken  outside  of  this  State,  shall  be  accom- 
panied by  a  proper  certificate  showing  the  authority  of  the 
person  administering  the  oath  to  take  affidavits.  Such 
affidavits  shall  be  filed  with  the  board  of  registry  and  elec- 
tion of  the  district  in  which  such  voter  is  entitled  to  vote, 
on  or  before  the  last  registry  day,  and  such  board  of  regis- 
try and  election  shall,  on  or  before  the  last  registry  day 
endorse  upon  said  affidavit  the  number  thereof,  giving  it  a 
number  in  the  order  of  its  receipt  by  said  board,  and  shall 
thereupon  enter  the  name  of  such  voter  on  the  registry 
list  or  book  for  the  ensuing  general  election,  together  with 
the  statements,  as  contained  in  said  affidavit,  which  the 
voter  would  be  required  to  make  if  registering  personally, 
and  shall  enter  in  the  fourteenth  column  of  said  registry 
list  or  book,  instead  of  the  signature  of  such  voter,  the 
words,  ''affdavit  'No.  ,"  giving  the  number  endorsed 
on  said  affidavit.  All  such  affidavits  shall  be  kept  by  said 
board  of  registry  and  election  and  used  on  election  day 
as  hereinafter  provided,  and  after  election  shall  be  placed 
by  said  board  inside  the  ballot-boxes  and  returned  to  the 
municipal  clerk  therewith.  Any  person  swearing  falsely 
in  any  such  affidavit  shall  be  guilty  of  perjury  and  incur 
the  penalty  thereof. 

350.  Sec.   4^.  Immediately  after  the  close  of  the  last    Complete 

,  r  .  .          .  .  .    .      ,.  .  ,.  ^  registry  list 

day  of  registration  in  said  municipalities   exceeding  five    furnished 
thousand  inhabitants  the  said  board  of  registry  and  elec-    ^^^^^^  ^^'^''• 
tion  in  each  election  district  shall  make  and  complete  one 
list  of  all  persons  registered  in  their  district  in  the  numeri- 
cal order  of  the  street  numbers  thereof,  which  shall  be 


176 


signed  and  be  certified  by  said  board,  and  delivered  forth- 
with to  the  county  clerk.  Said  list  shall  be  in  the  following 
form: 


Form 
of   list. 


Grand  Street. 


Residence  number 
or  other  designation. 

15 


Name  of  Voter. 
Smith,  John  M. 
Jones,  Charles  M. 


List    printed 
and    supplied 
boards   of 
election. 


Police   fur- 
nished   list ; 
to  investi- 
gate. 


Police 
report. 


List  fur- 
nished on 
payment. 


Poll-book. 


The  county  clerk  shall  forthwith  cause  copies  of  said 
registry  lists  to  be  printed  in  hand-bill  form,  and  shall 
furnish  printed  copies  thereof  to  the  respective  boards  of 
registry  and  election,  who  shall  publicly  expose  the  same 
for  inspection  as  now  required  by  law.  Said  county  clerk 
shall  forthwith  deHver  to  the  chief  of  police  of  each  of 
said  municipalities  not  less  than  five  copies  of  the  lists  of 
voters  of  each  election  district  in  such  municipalities,  who 
shall  cause  an  investigation  to  be  made  of  the  names  of 
the  persons  so  appearing  on  said  lists,  to  ascertain  if  the 
said  persons  are  residents  of  the  houses  from  which  they 
are  registered,  and  shall  forthwith  forward  the  various 
reports  of  such  investigation  to  the  county  board  of  elec- 
lions,  where  they  shall  be  kept  open  to  public  inspection, 
and  who  shall  make  use  of  the  same  in  revising  and  cor- 
recting the  registry,  as  now  required  by»law.  Said  county 
clerk  shall  also  furnish  to  any  voter  applying  for  the  same 
copies  of  said  registry  lists,  charging  therefor,  as  nearly 
as  may  be,  the  cost  of  printing  the  same. 

351.  Sec.  46.  The  signature  copy  of  the  registry  list 
or  book  shall  be  kept  by  the  board  of  registry  and  elec- 
tion in  such  election  district,  and  used  on  election  day  as 
hereinafter  provided.  In  all  election  districts  in  cities, 
towns,  townships,  boroughs  and  villages  containing  a  popu- 
lation exceeding  five  thousand,  each  board  of  registry 
and  election  shall  have  a  poll-book  for  keeping  the  list 
of  voters  voting  or  offering  to  vote  thereat  at  the  elec- 
tion. Such  book  shall  have  six  columns  headed  respec- 
tively :  ''Number  of  voter,"  "names  of  voters,"  "residence 


177 


of  voters,"  "signature  or  statement  number  of  voter,"  "sig- 
natures compared"  and  "remarks."  Previous  to  each  de-  Action  prior 
livery  of  an  official  ballot  by  the  ballot  clerk  to  a  voter, 
the  member  of  the  board  having  charge  of  the  poll-book 
shall  enter  therein  in  the  appropriate  column  the  number 
of  the  voter,  in  the  successive  order  of  the  delivery  of  bal- 
lots to  voters,  the  names  of  the  voter  in  the  alphabetical 
order  of  the  first  letter  of  his  surname,  his  residence  by 
street  and  number,  or  if  he  has  no  street  or  number,  a 
brief  description  of  the  locality  thereof.  The  column 
headed  "signature  or  statement  number  of  voter"  shall  have 
printed  above  each  horizontal  line  the  words  "the  fore- 
going statements  are  true,"  and  the  voter  shall,  previous 
to  the  receipt  of  an  official  ballot,  sign  his  name  by  his 
own  hand  and  without  assistance,  using  an  indelible  pencil  ^^^  '^^™^- 
or  ink,  below  the  said  words  in  the  poll-book. 

After  the  voter  shall  have  so  signed,  and  before  an  signatures 
official  ballot  shall  be  given  to  him,  one  of  the  members  compared, 
of  the  board  of  registry  and  election  shall  compare  the 
signature  made  in  the  poll-book  with  the  signature  there- 
tofore made  by  the  voter  in  the  registration  book  on  regis- 
tration day,  or  if  the  voter  has  registered  by  affidavit  in 
the  manner  provided  by  section  forty-four  of  this  act,  with 
the  signature  made  by  the  voter  on  such  affidavit,  and  if 
said  signautre  is  the  same,  or  sufficiently  similar  to  the 
signature  written  on  registration  day,  or  in  such  affidavit 
as  the  case  may  be,  as  to  identify  it  as  being  written  by  the 
same-  person  who  wrote  the  signature  on  registration  day, 
or  on  such  affidavit,  said  member  shall  thereupon  certify 
that  fact  by  writing  his  initials  after  such  signature  in 
tthe  column  headed  "signatures  compared." 

352.  Sec.  47.  If  the  voter  on  election  dav  alleges  his   Procedure  if 

.      ,  ...  ...  '  Toter  cannot 

inability  to  so  sign  his  name,  then  one  of  the  members  of  sign  name, 
the  board  of  registry  and  election  shall  read  the  same  list 
of  questions  to  the  voter  as  were  required  on  registra- 
tion day,  both  in  the  "signature  copy"  of  the  registry  and 
in  the  "identification  statements  for  registry  day,"  from 
a  book  containing  said  questions  to  be  provided  for  elec- 
tion day,  and  to  be  known  as  "identification  statements  for 


178 


Statement  at 
bottom   of 
questions. 


Comparisons 
and  answers 
made   oenly. 


If  disagree- 
ment,   a 
challenge. 


Procedure 
n  case  of 
challenge. 


election  day,"  and  said  member  shall  write  the  answers 
of  the  voter  thereto.  Each  of  these  statements  shall  be 
numbered,  and  a  number  corresponding  to  the  number 
on  the  statement's  sheet  shall  be  entered  in  the  fourth 
column  opposite  the  name  of  the  said  voter  answering  the 
questions.  Each  statement  shall  contain  the  same  questions 
as  the  voter  was  required  to  answer  on  registry  day.  The 
questions  answered  on  registration  day  shall  not  be 
turned  to  or  inspected  until  all  the  answers  to  said  ques- 
tions shall  have  been  written  down  on  election  day  by  said 
member  of  the  board.  Any  person  who  shall  prompt  a 
voter  in  answering  any  question  provided  in  this  section 
shall  be  guilty  of  a  misdemeanor. 

At  the  bottom  of  each  list  of  questions  shall  be  printed 
the  following  statement:  "I  certify  that  I  have  read  to 
the  above-named  voter  each  of  the  foregoing  questions 
and  that  I  have  duly  recorded  his  answers  as  above  to  each 
of  said  questions,"  and  said  member  of  the  board  who  has 
made  the  above  record  shall  sign  his  name  to  said  certifi- 
cate and  date  the  same,  and  note  the  time  of  day  of  mak- 
ing such  record. 

353.  Sec.  48'.  The  comparison  of  signatures  of  a  voter 
made  on  registration  and  election  days,  and  a  comparison 
of  the  answers  made  by  a  voter  on  registration  and  elec- 
tion days,  or  if  the  voter  is  registered  by  affidavit,  then  the 
comparison  of  his  signature  and  answers  on  election  day 
with  his  signature  and  statements  in  his  affidavit,  shall  be 
had  in  full  view  of  the  watchers,  challengers  or  agents, 
and  the  right  to  challenge  voters  shall  exist  until  the  ballot 
shall  have  been  deposited  in  the  ballot-box.  If  the  signa- 
tures of  the  voters  or  the  answers  to  the  questions  made 
by  the  voter  do  not  correspond,  then  it  shall  be  the  privilege 
of  the  watchers  and  challengers  to  challenge,  and  the  duty 
of  each  member  of  the  board  of  registry  and  elections  to 
challenge,  unless  some  other  authorized  person  shall  chal- 
lenge. 

354.  Sec.  49.  In  case  a  voter  is  challenged,  the  board 
shall  ask  him  the  questions  which  they  asked  him  on  regis- 
tration day,  the  answers  to  which  appear  on  the' signature 


179 

copy  of  the  registry  book  if  he  has  registered  in  person, 
and  if  he  has  registered  by  affidavit,  said  board  shall  ask 
him  the  same  questions  as  are  by  this  act  required  to  be 
asked  of  a  voter  who  has  registered  personally,  and  if  the 
answers  do  not  correspond  a  note  of  said  fact  shall  be 
entered  in  the  column  of  the  poll-book  entitled  "remarks." 
The  said  board  shall  determine  the  right  of  such  voter  to 
vote,  after  making  use  of,  and  giving  due  weight  to,  the 
evidence  afforded  by  his  signature,  if  any,  and  the  said 
answers. 

If  a  majority  of  the  board  shall  decide  against  re-  m^votT^'^ 
ceiving  such  vote  and  the  voter  shall  then  take  the  oath 
of  affirmation  now  provided  by  law,  the  said  board  shall 
thereupon  receive  his  vote.  It  shall  then  be  the  duty  of 
such  board  of  registry  and  election  upon  demand  of  a 
member  of  the  board  or  any  other  citizen,  to  forthwith 
issue  a  warrant  for  the  arrest  of  such  voter  and  deliver  the 
same  to  a  peace  officer,  who  shall  forthwith  arrest  such 
voter. 

355.  Sec.   50.  The  Secretary  of   State,  at  least  thirty   to^^'irrest 
days  prior  to  time  when  they  are  needed  for  use,  shall    identification 
furnish  to  the  county  clerk  of  each  county  having  one  or   furnished  by 
more  municipalities  of  over  five  thousand  inhabitants  for  qi%^^ 
each  board  of  registry  and  elections  in  such  municipali- 
ties a  sufficient  number  of  said  "identification  statements 

for  election  day,"  containing  the  questions  hereinbefore 
referred  to,  and  the  certificate  herein  required  to  be  signed 
at  the  bottom  thereof,  stitched  or  bound  in  book  form, 
and  the  proper  books  and  lists  to  carry  out  the  provisions 
of  this  act  concerning  the  registry  of  voters  for  the  gen- 
eral election,  and  the  expense  thereof  shall  be  paid  by  the 
State;  and  the  county  clerk  shall  deliver  the  same  to  the 
proper  boards  of  registry  and  election  in  time  for  use  at 
the  registry  and  at  the  general  election,  respectively. 

356.  Sec.   51.  It   shall  not  be  lawful   for  any  district    eiepTau^*" 
board  of  registry  and  election  in  any  city,  town,  town-    thonged  bj 
ships,  borough  or  village  exceeding  five  thousand  inhab- 
itants in  the  State  to  execute  or  deliver  to  any  voter  any 

paper  in  the  nature  of  a  transfer,  purporting  to  authorize 


i8o 


Procedure 
to  secure 
transfer. 


Amended 
P.   L.   1914, 
p.   130. 


the  said  voter  to  vote  in  any  other  election  district  than 
that  in  which  he  is  registered,  as  now  provided  by  law, 
except  when  authorized  by  the  court  as  hereinafter  pro- 
vided. 

357.  Sec.  52.  No  person  shall  vote  at  any  general  elec- 
tion in  any  election  district  other  than  the  one  in  which  he 
is  registered,  unless  he  shall  appear  before  either  the  justice 
oi  the  Supreme  Court  holding  the  circuit  court  in  said 
county,  or  one  of  the  judges  of  the  Court  of  Common 
Pleas  of  said  county,  or  one  of  the  judges  assigned  to  hold 
the  circuit  court  of  said  county,  at  the  court  house,  or  at 
such  other  place  within  said  county  as  will  be  most  con- 
venient and  accessible  to  the  largest  number  of  voters  in 
said  county,  as  either  the  said  justice  or  judge  in  his  dis- 
cretion shall  determine,  on  or  prior  to  the  day  of  the 
general  election,  and  shall  make  proof  to  the  satisfaction 
of  said  justice  or  judge  that  he  has  moved  from  the  elec- 
tion district  in  which  he  has  registered  since  the  day  on 
which  he  did  register,  and  that  he  has  moved  into  another 
district  in  said  county,  and  shall  obtain  from  said  justice 
or  judge  an  order  sealed  with  the  seal  of  the  county  clerk, 
directing  the  board  of  registry  and  election  to  place  the 
name  of  the  said  voter  upon  the  registry  of  the  said  elec- 
tion district;  said  order  shall  be  shown  to  the  board  of 
registry  and  election  in  which  said  voter  is  registered  and 
said  board  shall  thereupon  erase  his  name  from  said  reg- 
ister and  issue  a  transfer  as  now  provided  by  law,  which 
transfer  and  the  order  of  the  court  shall  be  filed  by  the 
voter  with  the  board  of  registry  and  election  in  the  elec- 
tion district  where  said  voter  desires  to  vote,  and  said 
board  shall  obey  said  order. 


XII. 


Blauket 
ballot; 
names  of  all 
candidates 
thereon. 


358.  Sec.  53.  At  the  general  election  in  the  fall  of  each 
year,  instead  of  separate  printed  ballots  for  each  political 
party  or  group  of  petitioners  having  candidates  to  be  voted 
for  at  such  election,  there  shall  be  a  single  or  blanket  form 
of  ballot,  upon  which  shall  be  printed  all  the  names  of 


i8i 

all  tbe  candidates  of  every  party  or  group  of  petitioners 
having  candidates  to  be  voted  for  at  said  election. 

^c;q    Sec.  q4.  The  names  of  candidates  for  the  office  Arrangememt 

ODJ-   ^         j-t  of   names. 

cf  representative  in  congress  and  for  every  state,  county 

and  municipal   office,  except  the  names   for  presidential 

electors,  shall  be  arranged  under  the  designation  of  the 

office   in  alphabetical  order,   according  to   the   surnames. 

Blank  spaces  or  Hnes  shall  be  left  at  the  end  of  the  list 

of    candidates    for    each    different    office    equal    to    the 

number  of  persons  to  be  elected  to  said  office.     Following  ^^^^ted. 

the  name  of   each   candidate  upon  the  same   line  upon 

the  ballot  shall  be  printed  the  name  of  the  political  party 

or  group  of  petitioners  making  the  nomination.       Any   "prTsents**** 

candidate  receiving:  the  nomination  of  more  than  one  po-   more  than 
...  •  1  •      /-  1  o^©  party, 

litical  party  or  group  of  petitioners  may,  within  hve  days 

after  the  time  for  making  nominations  expires,  file  with 
the  public  official  charged  with  the  duty  of  printing  the 
ballots  a  notice  directing  such  official  in  what  order  the 
several  nominations  shall  be  added  to  his  name  upon  the 
official  ballot,  and  said  directions  shall  be  followed  by  the 
said  officer.  If  such  candidate  shall  fail  to  make  such 
directions  as  aforesaid,  then  said  officer  shall  add  said 
nominations  or  political  designations  to  the  name  of  such 
candidate  in  such  order  as  said  officer  shall  determine. 
On  the  same  line,  and  to  the  left  of  the  name  of  each 
candidate  there  shall  be  provided  a  square,  or  space  not  square, 
less  than  one-quarter  of  an  inch  square,  in  which  the  voter 
may  designate  by  a  cross  his  choice  of  said  candidates. 
Upon  the  said  ballot  shall  be  printed  such  directions  as 
will  aid  the  voter,  as  for  example:  "Mark  a  cross  X  ^^  the 
square  at  the  left  of  the  name  of  the  person  for  whom  you 
desire  to  vote,"  "Vote  for  one,"  "Vote  for  two,"  and  the 
like. 

360.  Sec.  55.  The    names    of    candidates    for    presi-    presidential 
dential  electors  shall  be  arranged  in  groups  as  presented   grouped™ 
in   the   several   certificates   of   nominations   or   petitions. 
Said  groups  shall  be  arranged  in  the  order  of  the  congres- 
sional district  in  which  the  elector  resides.   . 


l82 


^niames 
and    party 
printed  above 
electors. 


Names 
grouped. 


Proviso. 


Proviso. 


I'roviso. 


Official 
ballots. 
Quantity, 


Style  of  type 


The  surnames  of  the  candidates  of  each  poHtical  party 
for  the  offices  of  President  and  Vice-President,  with  the 
political  designation  thereof  at  the  right  of  the  surnames, 
shall  be  placed  in  one  line  above  the  group  of  candidates 
of  such  party  for  electors.  A  sufficient  square,  not  less 
than  three-eighths  of  an  inch  square,  in  which  the  voter 
may  designate  by  a  cross  his  choice  for  electors  shall  be 
provided  at  the  left  of  the  surnames  of  the  candidates  for 
President  and  Vice-President. 

The  names  of  candidates  for  any  office  for  which  more 
than  one  are  to  be  elected  shall  be  arranged  in  groups  as 
presented  in  the  several  certificates  of  nominations  or  peti- 
tions ;  provided,  however,  that  any  candidate  receiving  the 
nominations  of  more  than  one  political  party  or  group  of 
petitioners  may  file  with  the  public  official  charged  with 
the  duty  of  printing  the  ballots,  a  notice  directing  the  said 
official  in  what  group  of  candidates  he  desires  his  name  to 
appear;  and  provided  that  such  candidate's  name  shall 
appear  but  once  and  shall  not  appear  as  a  nominee  of  a 
party,  or  group  of  petitioners,  except  such  party  or  group 
of  petitioners  as  have  nominated  him;  and  provided,  that 
said  notice  be  filed  within  five  days  after  the  time  for  filing 
nominations  expires.  The  names  in  each  group  shall  be  ar- 
ranged in  the  alphabetical  order  of  the  surnames,  and  the 
groups  shall  be  arranged  in  like  manner  in  the  alphabetical 
order  of  the  surnames  at  the  head  of  each  group. 

361.  Sec.  56.  The  official  ballot  shall  be  furnished  at 
the  election  places  as  now  provided  by  law.  There  shall 
be  furnished  to  each  board  of  registry  and  election  twice 
as  many  official  ballots  for  use  of  the  voters  in  the  poll- 
ing places  on  election  day  as  there  are  voters  registered 
in  said  election  district.  The  names  of  all  candidates  shall 
be  printed  in  capital  letters  in  ten-point  type,  and  the  desig- 
nation with  capital  and  small  letters  of  the  same  type ;  ex- 
cept that  where  there  is  more  than  one  designation  to  a 
candidate  the  type  may  be  smaller.  If  in  case  a  candidate's 
name  and  party  designation  printed  in  full  in  ten-point  type 
will  overrun  the  space  of  three  and  three-quarters  inches 


i83 

as  provided  in  this  section,  the  party  designation  may  be 
abbreviated. 

The  names  of  the  presidential  electors  shall  be  printed   "^^p®  '°^ 

/       \         ■  1     f  t  t  names  of 

in  ten  (lo)  pomt  type  and  the  space  between  each  name   electors, 
shall  not  exceed  one-eighth  of  an  inch,  and  if  said  names 
occupy  more  space  than  one  line,  the  space  between  the 
lines  shall  not  exceed  one-eighth  of  an  inch.    In  front  and 
as^ainst  the  space  or  square,  which  the  voter  uses  to  indi-    Border 

,  .       1     .  r  ,.  t  ,.  ,      ,  ,       r         ,      and  rules. 

cate  his  choice  of  candidates,  extending  the  length  of  each 
column  shall  be  a  full-face  border  not  less  than  a  quarter 
of  an  inch  in  width.  A  single  light-face  rule  shall  be  used 
to  separate  the  members  of  each  group  of  candidates,  ex- 
cept presidential  electors,  each  group  of  presidential  elec- 
tors, surnames  of  candidates  for  President  and  Vice-Presi- 
dent of  the  United  States  and  their  party  designations  shall 
be  separated  by  a  heav>^-faced  rule  into  parties. 

A  heavy-faced  rule  shall  be  used  between  each  group 
of  candidates  for  different  offices.  Each  line  upon  which 
the  name  of  the  candidate  and  his  political  designation  is 
printed  shall  be  three  and  three-quarters  inches  in  length, 
including  the  square  for  marking.  The  margin  or  border  Margin. 
of  the  paper  outside  of  the  printing  on  the  ballot  shall  not 
exceed  one-half  inch.  The  names  on  said  ballot  shall  be 
arranged  so  that  said  ballot  may  be  as  nearly  as  possible 
square  in  form. 

The  space  or  square  in  which  the  voter  places  cross  X  Voters' 

square. 

to  indicate  his  choice  of  candidates  shall  be  an  independ- 
ent space  or  square  printed  from  heav}^-faced  rule  and  shall 
be  independent  of  all  other  rule  or  lines  on  the  ballot. 

362.  Sec.  57.  Each  ballot  shall  have  at  the  top  thereof  Numbered 
a  perforated  coupon  the  width  of  the  ballot  above  the  per-  ^°top. 
forated  line.  The  coupon  shall  be  numbered  from  one 
consecutively  to  the  number  of  ballots  delivered  to  and 
received  by  the  election  officers  of  the  respective  polling 
places.  Upon  the  coupon  and  above  the  perforated  line 
shall  be  the  words:  "Ballot  No.  (number  in  figures)." 
"To  be  torn  off  by  the  judge  of  elections."  "Fold  to  this 
line."  Below  the  perforated  line  shall  be  printed  the  words : 
"Official  Ballot ,  city,  town,  &c.,  of , 


i84 

Ward ,  Election  District  No ;  No- 
vember   19 John  Doe,  County  Clerk."    The  blank 

spaces  shall  be  filled  in  with  the  name  of  the  proper  city 
or  other  municipality,  and  the  ward  and  district  numbers, 
baiiot^^  ^^^  t^^  name  of  the  county  clerk  shall  be  a  facsimile  of  his 

signature.    The  face  of  the  official  ballot  shall  be  substan- 
tially in  the  following  form : 


BALLOt   JS'O.   23. 

To  Be  Torn  Off  by  the  Jddgb  of  Election. 
Fold  to  This  Line. 


(Perforated  line.)  '"'^ 

OFPICIAIi  BALLOT. 
f'^^  *'^- ff'^rdAo Election  District  No November    Sth.  1912 John  Doe,  County  Clhi. 


\      To    Vote   for    All   the   Electors    of  - 

XAny  Party,  Mark  a  Cross  -X  in  the 
Square  at  the  Left  of  the  Surnames 
of  the  Candidates, for  President  and 
Vice-President  fop.  Whom  You  Desire 
TO  Vote. 


To  Vote  for  Part  of  the  Electors  op 
Any  Party,  Mark  a  Cross  x  in  the 
Square  at  the  Left  op  the  Name  of 
Each  Elector  for  Whom  You  Desire 
TO  Vote.  VOTE  FOR  FOURTEEN 
ELECTORS. 


XTo  Vote  for  a  Person.  Mark  a  Cross 
X  in  the  Square  at  the  Left  of  thb 
Name  of  the  Person  foe  Whom  You 
Desire  to  Vote. 


Congressman. 


Vote  for  One. 


President  and  Vice-President. 
OF  THE  United  States. 


D 
D 
D 
D 
D 
D 
D 
D 
D 
D 

a 

D 


REPUBLICAN. 
Tapt  and  Murphy. 
ELECTORS. 
Griffith  W.  Lewis 
William  T.  Read 
Robert  E.  Hand 
Isaac  T.  Nichols 
Austen  Colgate 
George  W.  F,  Gaunt 
Harry  D..  Leavitt 
John  D.  Prince 
William  W.  Smalley 
Carlton   B.   Pierce 


□  William     Hughes=Democrat. 


□  Thomas  F.  McCran=Republican 


D 


Senator. 


Vote  for  One. 


□  John   Hinchlifpe=Democrat 


Q  John   D.   Prince=Republican 


D 


Member  of  Assembly.      Vote  for  Five. 


Q  Wesley  Chamberlain==Democrat  . . . 


Q  James    J.   CaowLEY=DEMoqRAT 


D 

D 
D 

a 

D 

n 
n 

D 
D 
D 
D 
D 


DEMOCRAT. 
Wilson  and  Underwood. 
ELECTORS. 
James  A.  C.  Johnson 
James  F.  Fielder 
William  C.  Gebhardt 
John  W.  Slocum 
Richard  Fitzherbert 
George  C.   Low 
J.  Warren  Davis  ' 

Thomas  Barber 
Jacob  C.  Price 


To  Vote  for  a  Person,  Mark  a  Cross 
X  IN  the  Square  at  the  Left  op  the 
Name  of  the  Person  for  Whom  You 
Desire  to  Vote. 


Governor, 


Vote  for   Onex       \ 


□  Walter   E.    Edge=Republican. 


Q  George    S.    Silzer=Democrat. 

D 


Q  Harry    Joelson=Democrat 


Q  Charles  P.   Lynch=Democrat 


Q  Thomas  F.  Morgan =Dem(jcrat 


□  Randall  B.  Lewis=Republican 


Q  James   Parker=Republican 


□  Leonard  Pikaart=Republican   . . . . . 

□  Garret    H.    Vermuelen=Republican 


□  William    W.    Watson=Repdblican.  . 


D 


Sheriff. 


Vote  fob  One. 


□  John     BURHANfi=DEMOCRAT 


□  Amos   H.   Radclipfe^tRepdblican 


D 


Mayor. 


Vote  for  One. 


□  Aug.   A.   Fisher=Repcblican 


□  Andrew  F.  McBride=Democrat 


a 


Justice  of  Peace.     Vote  for  One. 


□  Charles   R.  Bacon=:Republican 


□  William   K,   DEVEREAUx=DEMocnAT. 


a 


Constable. 


Vote  t^r  One. 


□  John    Rancier=Republigai!I 


□  Frank   P.  Van  Noort=Democrat 

5 


i86 


Blank    spaces 
filled. 


Arrangement 
of    questions 
to  be 
voted  on. 


All  Spaces  except  the  spaces  where  the  voter  is  to  mark 
the  ballot  or  to  write  or  paste  a  name  thereon,  shall  be 
printed  in  with  scroll  or  filing,  to  guide  the  voter  against 
marking  in  the  wrong  place. 

363.  Sec,  58.  Whenever  any  question  or  proposition  is 
to  be  submitted  to  the  people  of  the  State,  or  any  sub- 
division thereof,  at  any  primary  or  general  election,  such 
question  or  proposition  shall  be  printed  upon  the  ballot^ 
underneath  the  names  of  the  candidates,  with  appropriate 
instructions  to  the  voter,  in  the  following  form : 

If  you  favor  the  proposition  printed  below,  make  an 
X  mark  in  the  square  opposite  the  word  "yes;"  if  you 
are  opposed  thereto,  make  an  X  mark  in  the  square  op- 
posite the  word  "No." 


Shall  an  act  providing  for  a  Commis- 
sion form  of  government  for  Newark 
be  adopted  ? 


Yes. 


No. 


A8  to  mark- 
ing and 
counting. 


Sample  ballot 
mailed  each 
voter. 


Amended 
P.    L.    1914, 
p.   194. 


If  the  voter  makes  an  X  mark  in  black  ink  or  black 
pencil  in  the  square  opposite  the  word  "yes,"  it  shall  be 
counted  as  a  vote  in  favor  of  said  proposition  or  ques- 
tion. If  the  voter  shall  make  an  X  mark  in  black  ink  or 
black  pencil  in  the  square  opposite  the  word  "No"  it  shall 
be  counted  as  a  vote  against  such  proposition  or  question, 
and  in  case  no  mark  shall  be  made  after  the  word  either 
"Yes"  or  "No"  it  shall  not  be  counted  as  a  vote  either  for 
or  against  such  proposition. 

364.  Sec.  59.  Each  county  clerl<  shall  at  least  ten  days 
preceding  the  general  election  day  or  such  day  as  may 
hereafter  be  fixed  by  law  for  the  holding  of  a  special  elec- 
tion throughout  the  county  furnish  to  the  municipal  clerk 
of  each  municipality  in  his  county  a  sufficient  number  of 
the  proper  official  sample  ballots  and  a  sufficient  number  of 
one-cent  stamped  envelopes  to  enable  each  of  the  boards 
of  registry  and  election  in  said  county  to  mail  one  copy  of 
the  said  official  sample  ballot  to  each  voter  who  is  regis- 


i87 

tered  in  its  district  for  said  election,  and  said  municipal 
clerk  shall  deliver  the  same  at  his  office,  on  or  before  the 
Tuesday  preceding  the  general  election,  or  special  election, 
to  the  clerk  of  each  board  of  registry  and  election  in  the 
manner  in  which  said  municipal  clerk  is  now  required  to 
deliver  ballots  for  the  general  election ;  and  it  shall  be  the 
duty  of  each  of  said  boards  to  prepare  and  deposit  in  the 
post  office,  on  or  before  twelve  o'clock  on  Wednesday  pre- 
ceding the  election  day,  a  properly  stamped  envelope  con- 
taining a  copy  of  said  official  sample  ballot,  and  addressed 
to  each  registered  voter  in  the  district  of  said  board  at  the 
address  shown  on  the  registry.  Each  envelope  shall  have 
printed  on  the  face  thereof  the  words:  "Sample  Official   '^ords  on 

^  ^  envelope. 

Ballot"  in  large  type,  and  in  small  type  the  words :  "if  not 
delivered  in  two  days,  return  to  ,  County  Clerk, 

Court  House,  ,"  and  said  clerk  shall  preserve 

the  same  if  returned  to  him,  for  the  space  of  thirty  days, 
open  to  public  inspection.  The  ballots  so  mailed  may  not 
be  voted. 

The  said   sample  ballots  shall  be  as  nealv  as  possible   style  of 
a  facsimile  of  the  official  ballot  to  be  voted  at  the  said    ballot, 
election,  and  shall  be  printed  on  paper  different  in  color 
from  the  official  ballot.     The   following  words  shall  be 
printed  in  large  type  at  the  top  of  the  sample  ballot :  "This 
ballot  cannot  be  votdd.     It  is  a  sample  copy  of  the  official 
ballot  used  on  election  day."     The  clerk  of  the  board  of   posted^ 
registry  and  election  shall  also  post  such  sample  ballots 
in  the  polling  place  in  his  district  and  in  at  least  five  other 
public  places  therein. 

It  shall  be  unlawful  for  any  election  officer  to  accept  sample  not 
from  any  voter  and  deposit  in  the  ballot-box  any  sample  ^^  ^^  voted, 
ballot. 

The  distribution  and  use  of  official  ballots  at  any  pri-    official  bai- 
mary,  general  or  other  election  shall  be  confined  exclusively    ^^^y  "n^^pou- 
to  the  polling  room  in  the  manner  herein  directed.     The    ^^s  room, 
board  of  registry  and  election  shall  hand  to  each  voter 
one  official  ballot  as  hereinafter  provided. 

Should  any  voter  to  whom  any  official  ballot  has  been    unusable 
handed,  spoil  or  render  the  same  unfit  for  use,  he  may    returifed. 


i88 


Receipts    and 
accounting 
for   ballots 
and 
envelopes. 


return  the  one  so  spoiled  or  unfit  for  use  and  obtain  an- 
other from  the  board  of  election,  but  no  more  than  two 
official  ballots  shall  be  furnished  to  any  voter,  except  at 
the  discretion  of  said  board.  The  board  of  registry  and 
election  shall  preserve  all  ballots  returned  by  a  voter  as 
spoiled  or  unfit  for  use  and  keep  a  record  thereof  and 
place  them  on  a  string  with  the  coupons. 

The  county  clerk  shall  cause  the  sample  ballots  herein 
provided  for  to  be  printed  in  time  for  use  as  aforesaid. 

365.  Sec.  60.  Each  board  of  registry  and  election  shall 
receipt,  by  the  signature  of  one  of  their  members,  to  the 
municipal  clerk  for  all  ballots  and  stamped  envelopes  de- 
livered to  them  by  the  municipal  clerk,  and  shall  return 
to  said  clerk  all  ballots  and  envelopes  not  mailed  or  posted 
by  them,  with  a  sworn  statement  in  writing  signed  by  a 
majority  of  said  board  that  all  the  remainder  of  said  bal- 
lots and  envelopes  had  been  mailed,  and  no  member  of 
any  board  which  does  not  make  such  return  shall  receive 
the  compensation  provided  herein  for  said  mailing  service. 


XIII. 


Method  of 
voting. 


Handed 

ballot 

folded. 


366.  Sec.  61.  The  following  method  of  voting  shall  be 
observed:  Each  voter  shall  first  give  his  full  name  and 
address  to  the  member  of  the  election  board  having  charge 
of  the  poll-book,  and  in  municipalities  requiring  personal 
registration  shall  sign  his  name  therein,  and  said"member 
of  said  election  board,  having  ascertained  that  said  voter 
is  registered  as  a  qualified  voter  shall  place  in  front  of 
each  name  as  they  appear  the  consecutive  poll  number  of 
each  voter.  Thereupon  the  member  of  the  board  having 
charge  of  the  ballots  shall  hand  to  the  voter  one  official 
ballot,  numbered  to  correspond  with  the  poll  number  of  the 
voter,  allowing  for  spoiled  ballots,  if  any,  and  at  the  same 
time  shall  call  off  said  ballot  number  to  the  member  having 
charge  of  the  poll  book,  who  shall  make  certain  that  the 
ballot  number  and  poll  number  agree,  allowing  for  spoiled 
■  ballots  if  any.  The  officer  having  charge  of  the  ballots 
shall  fold  the  ballot  before  handing  it  to  the  voter,  so  that 


i89 


no  part  of  the  face  of  the  ballot  is  observable,  and  leaving 
the  face  of  the  coupon  exposed.    No  ballots  shall  be  kept 
in  the  booth.     The  voter  shall  thereupon  retire  into  the 
polling  booth,  unless  physically  unable  to  do  so;  he  shall 
indicate  his  choice  among  the  candidates  for  the  offices 
in  question  by  marking  a  cross  X  in  black  ink  or  black 
pencil  opposite  the  name  of  each  candidate  for  whom  he 
desires  to  vote  in  the  space  or  square  indicated  upon  the 
ballot  for  that  purpose,  or  by  writing  or  pasting  the  name 
of  any  other  person  and  making  a  cross  in  the  square  at 
the  left.    The  voter  may  vote  for  an  entire  group  of  can- 
didates for  Presidential  electors  by  making  a  cross  in  the 
space  or  square  at  the  left  of  the  surnames  of  the  candi- 
dates for  President  and  Vice-President  for  whom  he  de- 
sires to  vote.    If  a  voter  does  not  desire  to  vote  for  all  the 
Presidential  electors  of  the  same  party,  he  must  not  mark 
a  cross  X  in  the  space  or  square  at  the  left  of  the  sur- 
names of  the  candidates  for  President  and  Vice-President, 
he  must  mark  a  cross  X  in  the  space  or  square  at  the  left 
of  the  name   of  each   candidate   for   Presidential  elector 
for  whom  he  desires  to  vote.     If  a  voter  mark  a  cross  X 
in  the  space  or  square  at  the  left  of  the  surname  of  any 
candidates  for  President  or  Vice-President  of  the  United 
States  and  also  mark  a  cross  X  in  some  of  the  spaces  or 
squares  at  the  left  of  the  name  of  candidates  for  Presiden- 
tial electors,  not  exceeding  the  number  to  be  elected,  it 
shall  count  as  a  vote  for  all  the  candidates  for  Presidential 
electors  nominated  by  the  party  represented  by  said  candi- 
dates   for   President   and   Vice-President   of   the    United 
States. 

Before  leaving  the  booth  the  voter  shall  fold  his  ballot, 
so  that  no  part  of  the  face  of  the  ballot  shall  be  visible, 
and  so  as  to  display  the  face  of  the  numbered  coupon,  and 
shall  hand  the  ballot  with  the  coupon  undetached,  to  the 
member  of  the  election  board  having  charge  of  the  ballot- 
box,  which  member  shall  call  off  the  number  of  the  ballot 
and  the  name  of  the  voter.  If  the  name  and  number  agree 
with  the  record  in  the  poll-book,  the  election  officer  having 
charge  of  the  poll-book  shall   so  announce  and  place   a 


rPepa  ration 
of  ballot 
by  voter. 


Voting  for 

presidential 

electors. 


Procedure 
after    leaving 
booth  with 
ballot. 


190 


Depositing 
ballot. 


No  ballots 
eutside  polls. 

No  envelopes. 

Coupons 
spoiled  and 
unused  bal- 
lots, dispo- 
sition. 

Tote  can- 
vassed at 
close  of  polls. 


Voter's 
assistant. 


check  mark  opposite  the  poll  number  to  indicate  that  the 
person  shown  thereon  as  receiving  the  ballot  has  voted; 
the  member  of  the  board  having  charge  of  the  registry 
list  shall  check  the  name  of  the  voter  thereon,  and  write 
in  front  thereof  the  number  of  such  voter's  ballot,  and 
thereupon  the  member  of  the  board  having  charge  of  the 
ballot-box,  without  displaying  any  part  of  the  face  of  the 
ballot  and  shall  remove  the  coupon  from  the  top  of  the 
ballot  and  place  the  ballot  in  the  box  and  the  coupon  on 
a  file  string.  The  member  of  the  board  having  charge  of 
the  ballot-box  shall  keep  the  ballot  in  full  view  of  the  voter 
and  the  other  election  officers  until  it  is  deposited,  and  the 
voter  may  take  hold  thereof,  with  the  member  of  the  board 
having  charge  of  the  ballot-box,  until  it  is  actually  de- 
posited. No  official  ballots  (other  than  official  sample  bal- 
lots) shall  be  distributed  outside  the  polling  place.  When 
one  ballot-box  is  filled  with  ballots  the  board  shall  seal  the 
the  same  and  provide  another.  No  envelope  shall  be  used 
for  enclosing  the  ballots  on  election  day.  Said  coupons 
and  all  spoiled  and  unused  ballots  shall  be  placed  inside  the 
ballot-boxes  and  returned  to  the  municipal  clerk  therewith. 

2fiy.  Sec.  62.  At  the  close  of  the  polls  the  board  of  regis- 
try and  election  shall  proceed  to  canvass  the  vote  substan- 
tially as  now  required  by  law,  counting  the  votes  for  each 
candidate  in  accordance  with  the  marks  made  upon  the 
ballot  as  hereinbefore  provided.  If  a  voter  marks  more 
names  than  there  are  persons  to  be  elected  to  an  office,  or 
his  choice  cannot  be  determined,  his  ballot  shall  not  be 
counted  for  such  office,  but  shall  be  counted  for  such  other 
offices  as  are  properly  marked.  Ballots  cast  but  not  counted 
shall  be  marked  "defective"  on  the  outside  thereof,  and 
shall  be  preserved  like  other  ballots. 

368.  Sec.  63.  At  any  primary  or  general  election  any 
person  who  declares  under  oath  and  establishes  to  the 
satisfaction  of  a  majority  of  all  the  members  of  the  board 
of  registry  and  election  that  he  is  unable  to  read  the  Eng- 
lish language,  or  that  by  reason  of  blindness  or  other 
physical  disability  he  is  unable  to  mark  his  ballot  without 
assistance,  may  have  the  assistance  of  one  or  more  mem- 


Expense. 


191 

bers  of  such  board,  to  be  assigned  by  the  board,  in  pre- 
paring his  ballot.  Such  member  or  members  of  such  board  of  ^5a[foV°* 
shall  retire  with  such  voter  to  the  booth  and  assist  him  in 
the  preparation  of  his  ballot  and  folding  the  same.  The 
clerk  of  the  board  of  registry  and  election  shall  make  a 
memorandum  on  the  poll-book  of  every  instance  when  an 
oath  was  administered  to  a  voter  as  herein  provided,  stat- 
ing briefly  what  facts  were  sworn  to  and  the  name  of  the 
member  or  members  of  the  board  who  aided  such  voter. 
All  members  of  the  board  of  registry  and  election  shall 
have  the  right  to  witness  the  preparation  of  the  ballot  of 
any  such  voter,  but  no  other  person  shall  be  allowed  to 
assist  such  voter  in  marking  his  ballot  or  to  witness  the 
marking  of  the  same.  No  member  of  such  board  shall  re- 
veal the  name  of  any  person  for  whom  such  voter  has 
voted,  or  anything  that  took  place  while  such  voter  was 
being  assisted. 

369.  Sec.  64.  The  board,  body  or  officer  now  charged 
with  the  duty  of  defraying  the  expenses  of  conducting 
the  primary  and  general  elections  in  this  State,  shall  pay 
any   additional    expense   and    compensation   made   neces- 
sary by  or  provided  for  in  this  act.     The  board  of  free-   Baiiot-boxe« 
holders  of  each  county  shall  cause  the  ballot-boxes  used 
at  general  and  primary  elections  to  be  fitted  for  the  re- 
ception of  the  ballot  herein  provided  for  by  enlarging  the 
aperture  in  the  top  thereof  so  that  such  aperture  shall 
measure   three    (3)    inches  by   half  an  inch,  and  by  re- 
moving any  stamping  or  any  marking  devices.     If  said    Provide 
board  shall  determine  that  said  existing  ballot-boxes  will    boxes, 
be  insufficient  to  properly  receive  all  ballots  to  be  voted 
in  its  respective  election  districts,  it  shall  provide  addi- 
tional boxes  constructed  with  wooden  tops  and  bottoms 
and  wooden  frames  and  glass  sides.     Each  box  shall  be 
provided  with  a  top  that  will  cover  the  aperture  and  be      ^" 
held  in  place  by  not  less  than  three  (3)  locks,  which  shall 
require  three    (3)    separate  keys  to  open,  and  not  more    Locks 
than  one  key  shall  be  allowed  to  any  one  member  of  the    ^^^  ^^^®' 
board.    It  shall  be  the  duty  of  the  board,  body  or  official, 
whose  duty  it  is  to  provide  polling  booths,  to  provide  booths   Booths. 


192 


Lights. 


sufficiently  large  to  enable  the  voter  to  conveniently  pre- 
pare the  ballots  herein  provided  for,  and  to  cause  said 
booths  to  be  sufficiently  lighted  to  enable  the  voter  to  read 
and  mark  his  ballot. 


XIV. 


Annual  state 
concentions ; 
how   com- 
posed. 


When  held. 


Call. 


Platform. 


State  com- 
mittee ; 
membership 
and    how 
chosen. 


370.  Sec.  64.  There  shall  be  held  in  each  year  a  State 
convention  of  each  of  the  political  parties  aforesaid.  The 
said  State  convention  of  each  party  shall  be  made  up  of 
the  following  members:  First,  the  party  candidates  who 
have  been  nominated  at  the  party  primaries  in  September 
immediately  preceding  the  convention  for  the  office  of 
member  of  Assembly  or  State  Senator  in  each  county  of 
the  State ;  second,  the  candidate  of  the  party  for  Governor 
nominated  at  the  said  primaries  in  the  year  in  which  a 
Governor  is  elected,  and  in  each  year  in  which  no  Gov- 
ernor is  elected,  the  Governor  of  the  State  shall  be  a  mem- 
ber of  the  convention  of  the  political  party  to  which  he 
belongs ;  third,  members  of  the  State  Senate  belonging  to 
said  party  who  are  holding  office  at  the  time  of  the  hold- 
ing of  the  said  State  convention  and  whose  successors  are 
not  to  be  chosen  at  the  ensuing  general  election;  fourth, 
members  of  the  State  committee  chosen  as  hereinafter  pro- 
vided. The  said  convention  of  each  party  shall  be  held  at 
the  city  of  Trenton  on  the  Tuesday  following  the  holding 
of  the  primary  election  in  each  year.  The  place  and  the 
hour  at  which  the  convention  shall  meet  shall  be  fixed  by 
call  of  the  existing  State  committee,  to  be  issued  at  least 
five  days  prior  to  said  date  of  meeting.  If  no  call  is  issued 
by  the  State  committee,  any  person  qualified  to  sit  in  said 
convention  may  issue  a  call.  Said  convention  of  each  party 
shall  have  power  to  adopt  and  promulgate  a  party  platform 
for  said  party,  and  to  transact  such  other  business  as  may 
properly  come  before  it. 

At  the  September  primaries  of  the  year  wherein  a  Gov- 
ernor is  to  be  elected,  a  member  of  the  State  committee 
of  each  of  said  political  parties  shall  be  elected  in  each 
county.     The  petition  endorsing  each  candidate  in  each 


193 

party  for  this  position,  shall  be  made  up  and  filed  as  now 
provided  by  law  in  the  case  of  petitions  endorsing  candi- 
dates for  nomination  for  members  of  the  Assembly  and 
the  name  shall  be  printed  upon  the  party  primary  ballot 
and  the  votes  shall  be  cast,  counted,  canvassed  and  re- 
turned in  the  same  manner  as  in  case  of  candidates  for 
nomination  for  member  of  Assembly,  and  the  county  clerk 
shall  issue  a  certificate  to  the  person  receiving  the  highest 
number  of  votes  for  this  position  in  each  party  at  the  pri- 
mary as  shown  by  the  returns  in  his  office.  Members  of 
the  State  committee  shall  serve  for  three  years  or  until 
their  successors  are  elected.  Said  State  committee  shall 
choose  its  chairman  and  the  member  or  members  of  the  chairman, 
national  committee  of  their  political  party. 


XV. 


371.  Sec.   66.  The   members  of  the  county  committee   County  com- 

,       r    1  mittee  and 

of  each  of  the  political  parties,  hereafter  elected,  shall  take  chairman, 
office  on  the  first  Tuesday  following  their  election,  on 
which  day  the  temis  of  all  members  of  such  committee 
heretofore  elected  shall  terminate.  The  annual  meeting 
of  each  county  committee  shall  be  held  on  the  first  Tues- 
day after  the  fourth  Tuesday  in  September  in  each  year, 
at  an  hour  and  place  to  be  designated  in  a  notice  to  be 
given  by  the  respective  chairman  thereof,  at  which  annual 
meeting  the  members  of  each  committee  shall  elect  one  of 
their  members  as  chairman  to  hold  office  for  one  year,  or 
until  his  successor  is  elected.  Such  chairman  shall  preside 
at  all  meetings  of  his  committee  and  shall  perform  all  du- 
ties required  of  him  by  law  and  the  constitution  and  by- 
laws of  such  committee. 

372.  Sec.   67.  The  municipal   clerk   shall  issue  a   cer-   ^^I'^^^^^^t""^ 
tificate  of  election  to  each  person  shown  by  the  returns   county  com- 
filed  in  his  office  to  have  been  elected  as  a  member  of  the 

county  committee  of  either  political  party  in  his  munici- 
pality. Said  committee  shall  have  power  to  adopt  a  con- 
stitution and  by-laws  for  its  proper  government. 


194 
XVI. 


Unauthorized 
persons  not 
to   print   or 
have  ballots. 


Official  ballot 
not   taken 
from    polling 
room. 


Penalty. 


Present 
methods 
applicable. 


Relation   of 
sections 
of  act. 


Repealer. 


Committee 
to  receive 
and   expend 
campaign 
funds. 


Number. 


;^y7,.  Sec.  68.  No  person  not  authorized  by  the  proper 
officers  shall  print  or  make  any  official  or  sample  ballot 
provided  for  in  this  act,  or  on  or  prior  to  election  day 
have  in  his  possession  an  official  ballot,  without  being  such 
person  as  is  authorized  by  this  act  to  have  charge  or  pos- 
session thereof. 

No  person  shall  on  any  pretext  carry  any  official  ballot 
from  the  polling  room  on  primary  or  election  day,  except 
such  persons  as  may  by  this  act  be  authorized  so  to  do. 

374.  Sec*  69.  Any  person  or  persons  who  shall  will- 
fully violate  any  provision  of  this  act,  or  who  shall  do 
any  act  herein  prohibited,  shall  be  guilty  of  a  misdemeanor. 

375.  Sec.  70.  If  in  this  act  no  method  is  prescribed  for 
carrying  into  effect  any  provision  thereof,  the  method  for 
so  doing  shall  be  the  same  as  provided  in  the  act  to  which 
this  is  a  supplement,  or  its  supplements  and  amendments  so 
far  as  may  be,  for  any  proceeding  of  similar  or  like  nature. 

376.  Sec.  71.  Each  section  of  this  act  and  every  part 
of  each  section  are  hereby  declared  to  be  independent  sec- 
tions and  parts  of  sections,  and  the  holding  of  any  section 
or  part  thereof  to  be  void,  ineffective  or  unconstitutional 
for  any  cause  shall  not  affect  the  other  sections  or  parts 
thereof. 

Ti^yy.  Sec.  y2.  All  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

378'.  Sec.    73.  This   act   shall   take   effect   immediately. 

Approved  April  19,  191 1. 

A  Supplement  of  Apr.  20,  191 1,  P.  L.  igii,  p.  329. 

379.  Sec.  I.  Hereafter  any  person  endorsed  in  any  pe- 
tition as  a  candidate  for  nomination  by  any  political  party 
at  any  primary  election,  or  for  election  as  a  member  of  a 
party  committee,  or  delegate  to  a  national  convention,  or 
any  person  nominated  by  petition  for  any  elective  office,  at 
the  time  of  filing  such  petition,  or  within  five  days  there- 
after, shall  file  with  the  officer  authorized  by  law  to  re- 
ceive and  file  such  petition,  the  names  of  not  less  than 
one,  or  more  than  five,  persons  selected  to  receive,  ex- 


^95 


pend,  audit  and  disburse  all  moneys  contributed,  donated, 
subscribed,  or  in  anywise  furnished  or  raised  for  the  pur- 
pose of  aiding  or  promoting  the  nomination  or  election  of 
such  candidate,  together  with  the  written  acceptance  and 
consent  of  such  persons  to  act  as  such  committee ;  pro- 
vided, that  any  candidate  may,  if  he  sees  fit  to  do  so,  de- 
clare himself  as  the  person  chosen  for  such  purpose,  or 
may,  either  in  the  first  instance,  or  within  five  days  after 
he  has  received  any  party  nomination,  designate  the  county 
or  State  committee  of  his  party  for  such  purpose,  in  which 
event  the  maximum  number  hereinbefore  stated  shall  not 
apply.  Such  person  or  persons,  or  committee,  may  act  con- 
jointly for  any  number  of  candidates.  They  shall  appoint 
one  of  their  number  to  act  as  treasurer,  who  shall  receive 
and  disburse  all  moneys  received  by  said  committee.  He 
shall  keep  detailed  accounts  of  all  receipts,  payments  and 
liabilities.  Failure  to  make  such  declaration  of  appoint- 
ment or  selection  by  any  candidate  shall  operate  as  a  re- 
fusal to  accept  such  nomination.  The  said  committee  shall 
have  the  exclusive  custody  of  all  moneys  contributed,  do- 
nated, subscribed,  or  in  anywise  furnished  for  or  on  be- 
half of  the  candidates  or  political  party  represented  by  said 
committee,  and  shall  disburse  the  same  on  proper  vouchers. 
If,  for  any  cause,  a  vacancy  shall  occur  in  the  membership 
of  said  committee  prior  to  the  fifteenth  day  before  the  day 
of  holding  a  primary  or  general  election,  the  vacancy  must 
be  filled  by  the  authority  making  original  appointment. 
Xo  vacancy  by  resignation  from  said  committee,  or  by 
refusal  to  act  thereon,  shall  occur  after  the  fifteenth  day 
before  the  day  of  holding  of  said  election,  and  until  the 
said  committee  shall  have  completed  and  discharged  all 
the  duties  required  of  them  by  this  act.  If  any  vacancy 
be  created  by  death  or  legal  disability,  subsequent  to  the 
fifteenth  day  before  the  day  of  holding  an  election,  such 
vacancy  shall  not  be  filled,  and  the  remaining  members 
shall  discharge  and  complete  the  duties  required  of  said 
committee  as  if  such  vacancy  had  not  been  created.  No 
candidate  for  nomination  or  election  shall  expend  any 
monev,  directlv  or  indirectlv,  in  aid  of  his  nomination  or 


Proviso. 


Joint  action. 
Treasurer. 


Accounts, 
etc. 

Candidate 
must  make 
selection. 


Committee  to 
have   sole 
charge   of 
moneys. 


Vacancies. 


.\I1  expendi- 
tures by 
committee. 


196 


Itemized 
statement 
filed   showing 
every  receipt 
and   ex- 
penditure. 


Sworn 
statement. 


Filed  and 
open   to 
inspection. 


Each    candi- 
date to  file 
statement  of 
personal 
contribu- 
tions. 


election,  except  by  contributing  to  the  committee  desig- 
nated by  him  as  aforesaid.  Any  person  who  shall  act  as 
his  own  committee  shall  be  governed  by  the  provisions  of 
this  act  relting  to  committees  designated  by  candidates. 

380.  Sec.  2.  Within  five  days  after  any  primary  elec- 
tion, and  within  twenty  day  after  any  general  election, 
provided,  an  itemized  statement,  showing  in  detail  all  the 
moneys  contributed,  donated,  subscribed,  or  in  anywise 
furnished  or  received,  to  the  use  of  the  political  party, 
organized  assemblage  or  body,  or  any  or  all  the  can- 
didates for  public  office  or  electors,  or  for  nomination,  com- 
ing under  the  control  of  such  committee,  or  into  their  cus- 
tody, directly  or  indirectly,  together  with  the  name  of 
each  contributor,  donor,  subscriber,  or  source  from  which 
such  moneys  were  derived,  and  an  itemized  statement  of 
all  money  expended  in  sums  over  five  dollars;  such  state- 
ment shall  give  the  names  of  the  various  persons  to  whom 
such  moneys  were  paid,  the  specific  nature  of  each  item, 
by  whom  the  service  was  performed,  and  the  purpose  for 
which  it  was  expended.  There  shall  be  attached  to  such 
statement  an  affidavit,  subscribed  and  sworn  to  by  the 
treasurer  of  said  committee,  setting  forth  in  substance  that 
the  statement  thus  made  is  in  all  respects  true,  and  that 
the  same  is  a  full  anr  detailed  statement  of  all  moneys,  se- 
curities, or  equivalents  for  moneys,  coming  under  the  con- 
trol or  in  the  custody  of  said  committee  and  by  them 
expended,  directly  or  indirectly.  Such  statement  shall  be 
filed  in  the  same  office  in  which  is  filed  t-he  certificate  of 
their  selection  as  such  committee,  and  shall  become  a  pub- 
lic document  and  open  to  inspection  by  any  citizen. 

381.  Sec.  3.  Every  candidate  who  is  voted  for  at  any 
primary  or  general  election  held  within  the  State  shall, 
within  five  days  after  any  primary  election,  and  within 
twenty  days  after  any  general  election,  file,  as  herein- 
after provided,  a  statement  under  oath,  showing  all  moneys 
paid,  loaned,  contributed  or  otherwise  furnished  by  him 
to  said  committee  in  aid  of  his  election  or  nomination. 
Such  statement  shall  give  the  names  of  the  various  per- 
sons, if  any,  who  paid,  loaned,  contributed,  or  otherwise 


197 

furnished  any  moneys  to  said  candidate  in  aid  of  his  elec- 
tion or  nomination.  There  shall  be  attached  to  such  state- 
merit  an  affidavit,  subscribed  and  sworn  to  by  such  candi- 
date, which  must  be  substantially  in  the  following  form:    popm  ^f 

State  of  New  Jersey,  county  of ,  ss.       statement. 

I    give    (give    name),    having    been  a    candidate    for 

,  at  the  (primary  or  general)  election  held 

in  the  county,  city  and  county,  city  or  other  division,  State 

of  New  Jersey,  on  the   ....   day  of ,  19.  . .,  do 

solemnly  swear  that  I  have  paid  the  sum  of  $ 

to  (naming  the  committee  desig- 
nated by  him),  for  my  expenses  at  the  said  eleition, 
and  no  more,  and  that,  except  as  aforesaid,  I  have  not, 
nor,  to  the  best  of  my  knowledge  and  belief,  has  any  per- 
son, committee,  club,  society  or  association,  on  my  behalf, 
directly  or  indirectly,  made  any  payment,  or  given,  prom- 
ised or  offered  any  reward,  office,  employment  or  vaul- 
able  consideration,  or  incurred  any  liability  on  account  of 
or  in  respect  of  the  conduct  or  management  of  the  said 
election,  except  such  moneys  as  may  have  been  paid  to  or 
expended  by  the  said  committee  designated  by  me. 

382.  Sec.   4.  If  any  candidate  seeks  to  avoid  the  re-   Disclaiming 

rGSDonsi" 

sponsibility  of  any  payment  made  by  any  other  person  in   biiity. 
his  behalf,  of  which  he  has  knowledge,  he  shall  set  forth 
such  payment  and  disclaim  responsibility  therefor. 

383.  Sec.    c;.  Candidates  for  office,  or  for  nomination   ^"i^ere 

^   ^  -J  '  statements 

for  office,  to  be  filled  by  the  voters  of  the  State,  or  of  any    filed, 
political  division  thereof  greater  than  a  county,  shall  file 
their  statements  in  the  office  of  the  Secretary  of  State,    p.  ^.  1912, 
Candidates  for  all  other  offices  shall  file  their  statements    ^'^^p-  '*^^-^ 
in  the  same  office  in  which  is  filed  the  certificate  of  the 
committee  of  their  selection.     The  statement  and  affidavit 
of  a  committee  or  candidate  shall,  after  being  filed,  become 
a  public  record,  and  open  at  all  times  to  public  inspection. 

384.  Sec.  6.  Any  candidate  who  shall  refuse  or  neglect    penalties, 
to  file,  or  who  makes  a  false  statement  of  moneys  re- 
ceived or  expended,  as  prescribed  by  section  three  of  tfiis 

act,  shall,  in  addition  to  the  punishment  for  such  offense 
prescribed  by  the  laws  of  this  State,  forfeit  any  office  to 


I9S 


No  certificate 
to  issue   if 
statement 
not   filed. 


Office   not   to 
be  yielded  to 
defaulting 
candidate. 


Time   for 

presenting 

claims 

against 

committee. 


All    expenses 
paid  within 
fifteen  days. 


Payment  of 
claims  after 
time  limit. 


which  he  may  have  been  elected  at  the  election  with  refer- 
ence to  which  the  statement  is  required  to  be  made.  If 
a  candidate  elected  to  a  public  office  or  party  position  re- 
fuses or  neglects  to  file  the  statement  prescribed  by  sec- 
tion three  of  this  act,  no  certificate  of  election  shall  be 
issued  to  him ;  neither  shall  any  official  bond  presented  or 
offered  by  him  be  approved,  and  the  incumbent  of  the 
office,  unless  he  is  himself  a  defaulting  candidate,  must 
not  surrender  or  deliver  up  said  office,  but  shall  continue 
to  discharge  the  duties  and  shall  receive  the  emoluments 
thereof  until  his  successor  is  legally  chosen.  If  the  can- 
didate refusing  or  neglecting  to  file  the  statement,  or  mak- 
ing a  false  statement  of  moneys  received  or  expended,  is 
the  incumbent  of  an  office  of  profit  or  trust  under  the  laws 
of  this  State,  except  in  the  event  of  a  constitutional  pri- 
vision  to  the  contrary,  in  addition  to  the  punishment  pre- 
scribed by  the  laws  of  this  State  for  such  refusal  or  neg- 
lect, or  for  making  such  false  statement,  he  shall  be  de- 
prived of  his  office,  and  shall  also  forfeit  any  office  to 
which  he  may  have  been  elected  at  the  election  in  refer- 
ence to  which  the  statement  is  required  to  be  made. 

385.  Sec.  7.  Every  claim  payable  by  the  committee  se- 
lected under  the  provisions  of  section  one  of  this  act, 
on  account  of  or  in  respect  of  any  expense  incurred  in  the 
conduct  and  management  of  an  election  held  within  this 
State,  or  on  behalf  of  the  candidates  of  the  political  party, 
organized  assemblage  or  body,  which  such  committee  rep- 
resents, must  be  presented  to  the  committee  within  four 
days  after  the  primary  election,  and  ten  days  after  the 
general  election,  and  if  not  so  presented  the  same  shall 
not  be  paid,  and  no  action  shall  be  commenced  or  main- 
tained thereon,  and  all  expenses  incurred  as  aforesaid  shall 
be  paid  within  fifteen  days  after  the  completion  of  such 
official  canvass,  and  not  otherwise.  Any  person  who  makes 
a  payment  in  contravention  of  this  act  is  guilty  of  a  mis- 
demeanor. 

386.  Sec.  S.  The  judge  of  the  Court  of  Common  Pleas 
in  the  county  wherein  such  statement  is  filed,  or  is  re- 
quired to  be  filed,  may,  on  the  application  of  either  the 


199 


committee  or  a  creditor  thereof,  allow  any  claim  to  be 
presented  and  paid  after  the  time  limited  by  this  act  and 
a  statement  of  any  sum  so  paid,  with  a  certificate  of  its 
allowance,  shall  forthwith,  after  payment,  be  filed  by  the 
committee  in  the  same  office  as  the  original  statement  of 
the  committee.  If  the  committee,  upon  such  application, 
shall  show  to  the  satisfaction  of  said  judge  that  any 
error  or  false  recital  in  such  statement  or  affidavit,  or 
that  the  failure  to  make  such  statement  or  affidavit,  or 
to  present,  w^ithin  the  designated  time,  a  claim  other- 
wise just  and  proper,  has  been  occasioned  by  the  ab- 
sence or  illness  of  such  candidate,  or  by  the  absence,  ill- 
ness or  death  of  one  or  more  members  of  such  committee, 
or  by  the  misconduct  of  any  person  other  than  such  appli- 
cant, or  by  inadvertence  or  excusable  neglect,  or  of  any 
reasonable  cause  of  a  like  nature,  and  not  by  reason  of 
any  want  of  good  faith  on  the  part  of  the  applicant,  the 
judge  may,  after  such  notice  of  the  application  as  the 
judge  shall  require,  and  on  the  production  of  such  evidence 
of  the  facts  stated  in  the  application  as  shall  be  satisfac- 
tory to  such  judge,  by  order,  allow  such  statement  and  affi- 
davit to  be  filed,  or  such  error  or  false  recital  therein  to 
be  corrected,  or  such  claim  to  be  paid,  as  the  judge  seems 
just;  and  such  order  shall  relieve  the  applicant  from  any 
liability  or  consequences  under  this  act  in  respect  of  the 
matters  excused  by  the  order.  If  the  application  is  made 
by  a  creditor,  the  judge  may,  under  like  conditions  and 
upon  a  like  showing,  order  the  claim  to  be  paid,  and  the 
creditor  shall  also  be  entitled  to  his  costs.  The  claims  of 
one  or  more  creditors  may  be  united  in  such  application, 
but  the  amount  and  specific  nature  of  each  claim  must 
be  fully  stated. 

387.  Sec.  9.  Every  bill,  placard,  poster,  pamphlet  ad- 
vertisement or  other  printed  matter  having  reference  to 
an  election,  or  to  any  candidate,  shall  bear  upon  the  face 
thereof  the  name  and  address  of  the  person  or  commit- 
tee causing  the  same  to  be  published,  and  no  payment 
therefor  shall  be  made  or  allowed  unless  such  address  is 
so  printed. 


Court    must 
be  satisfied 
that    no    in- 
tentional 
misconduct 
shown. 


All  publica- 
tions to  show 
author. 


200 


Use  of 

money  to 
secure 
election   to 
oflSce   pro- 
hibited. 


Money  tbat 
candidate  is 
allowed   to 
evxpend. 


Proviso. 


Proviso. 


Explanation. 


Expenses 
forbidden, 

[Amended, 
P.    L.    1912, 
chap.  401.] 


3S8.  Sec.  10.  No  money  shall  hereafter  be  paid  or  any 
expense  authorized  or  incurred  by  or  on  behalf  of  any 
candidate  for  nomination  at  any  primary,  or  for  election 
to  any  party  position,  for  election  to  any  office  at  any 
general  election,  or  any  political  party  or  organization, 
for  any  purpose  prohibited  by  the  provisions  of  this  act. 

389.  Sec.  II.  No  money  shall  be  paid  or  expense  au- 
thorized or  incurred  by  any  candidate  for  nomination  or 
election  to  any  office  or  party  position,  to  be  paid  by  him 
in  excess  of  the  following  sums:  At  any  primary  elec- 
tion, twenty-five  hundred  dollars  by  a  candidate  for  nomi- 
nation for  Governor;  fifteen  hundred  dollars  by  a  candi- 
date for  nomination  for  Congress;  five  hundred  dollars 
by  a  candidate  for  nomination  for  any  county  office,  in- 
cluding members  of  the  Senate;  two  hundred  dollars  by 
a  candidate  for  nomination  for  the  General  Assembly; 
two  hundred  and  fifty  dollars  by  a  candidate  for  nomi- 
nation for  any  municipal  office;  provided  hoivever,  that 
any  candidate  for  nomination  may  expend  in  his  campaign 
for  nomination  a  sum  not  exceeding  twenty-five  per 
centum  of  one  year's  salary  of  the  office  for  which  he  is 
a  candidate  for  nomination.  Candidates  nominated  at  the 
primary  election,  or  nominated  by  petition,  may  expend 
not  in  excess  of  like  sums  in  their  campaign  for  election ; 
provided,  that  nothing  herein  contained  shall  authorize  per- 
sonal expenditure  by  any  such  candidate,  but  the  sums 
herein  mentioned  may  be  contributed  to  the  designated 
committee,  and  expended  by  them  in  the  manner  herein 
provided. 

390.  Sec.  12.  For  the  purposes  of  this  act,  the  expenses 
or  contributions  of  any  ascendant,  or  descendant,  brother, 
sister,  uncle,  aunt,  nephew,  niece  of  any  candidate,  or  of 
any  fellow  official  of  a  corporation,  shall  be  considered  as 
the  expenses  or  contributions  of  the  candidate. 

391.  Sec.  13.  No  money  shall  be  spent,  and  no  expense 
authorized  or  incurred  on  behalf  of  any  candidate  for 
nomination  to  any  office,  or  on  behalf  of  any  candidate  for 
any  office  or  party  position,  or  on  behalf  of  any  political 


20I 

party  or   organization,   for   either  of  the   following  pur- 
poses : 

(a)  The  hiring  of  any  vehicle  for  the  transportation    fg^|°i|g 
of  voters  to  or  from  the  polls ; 

(b)  The  hiring:  of  any  watchers,  agents  or  challengers    Hiring 

,    ^    ^  ,  .       .         .  watchers. 

for  any  work  on  election  day. 

Promded,  that  each  political  party  or  organization  may   Party  or- 
employ  not  exceeding  two  persons  on  election  day  to  act  ^aV  employ 
as  challengers  or  agents  in  each  polling  place  as  now  pro-   watchers, 
vided  by  law;  such  challenger  and  agent  shall  on  said 
election  day  wear  a  badge  which  shall  show  to  any  other 
person  the  political  party  or  candidate  for  whom  such  chal- 
lenger or  agent  is  acting;  said  badges  shall  be  furnished 
by  the  county  board  of  elections. 

And  provided  further  that  the  chairman  of  the  county  Transporta- 
committee   or  other  organization  of  any  political   party   tio°  p^  voters 
which  has  nominated  candidates  to  be  voted  for  at  any   unable  to  go 
general  election,  may  petition  the  judge  of  the  Court  of   general^  ^ 
Common  Pleas  of  said  county  at  least  fourteen  days  prior   election, 
to  the  day  of  the  general  election,  setting  forth  that  cer- 
tain voters  described  in  said  petition  reside  at  a  distance 
of  at  least  two  miles  from  the  polling  place  at  which,  under 
the  law,  they  are  entitled  to  vote  on  election  day,  or  are 
aged  or  infirm,  and  that  said  voters  do  not,  nor  does  any  of 
them,  possess  any  vehicle  or  other  means  of  transportation 
from  their  places  of  residence  to  the  said  polling  place, 
and  no  trolley  line  is  available  as  hereinafter  stated,  and 
requesting  that  the  said  judge  shall  order  the  expenses  of 
the  transportation  of  the  said  voters  on  election  day  from 
their  homes  to  their  polling  place  and  return  to  be  paid  by 
the  board  of  freeholders  of  said  county,  upon  vouchers  as 
hereinafter  provided. 

And  provided  further,  that  nothing  in  this  act  anywhere   Volunteers 
shall  be  construed  to  in  any  way  limit  the  right  of  any  vol-    ^^  voters, 
unteer  acting  without  compensation  to  transport  any  voter 
properly  registered  to  or  from  any  polling  place  where  he 
may  be  legally  entitled  to  cast  his  vote. 

Court  may 

392.  Sec.   14.  If  the  said  judge  shall  be  satisfied  that    order  trans- 
the  public  interests  require  the  transportation  of  the  said    fu^*shed. 


202 


Presentation 
of  bills,  with 
vouchers   and 
affidavits 
annexed. 


Bills  paid  by 
freeholders. 


Candidate 
may   apply 
for  order  for 
transporta- 
tion  to 
primary. 


All    expenses 
and  pay- 
ments 

made  through 
committee ; 
otherwise 
void. 


voters,  he  may  make  an  order  authorizing  the  petitioner 
to  employ  such  number  of  conveyances,  at  rates  of  com- 
pensation to  be  fixed  in  the  said  order,  and  the  amount  so 
authorized  shall  be  paid  by  the  county  board  of  freeholders, 
upon  vouchers  as  hereinafter  provided.  Each  person  who 
shall  furnish  a  vehicle  or  conveyance  under  the  order  of 
the  said  judge,  shall  file  with  the  said  judge  within  four 
days  after  the  day  of  election,  a  voucher  or  bill  setting 
forth  the  number  of  voters  transported  in  his  said  vehicle, 
and  the  time  consumed  in  such  transportation.  The  owner 
or  operator  of  said  vehicle  or  conveyance  shall  make  oath 
or  affirmation  to  the  truth'  of  the  facts  set  out  in  the  said 
voucher.  Annexed  to  said  .  voucher  or  bill  shall  be  the 
affidavit  of  each  person  claimed  to  have  been  transported 
by  the  person  presenting  the  said  voucher  or  bill ;  said  affi- 
davit shall  state  the  place  of  the  residence  of  said  voter, 
and  shall  set  forth  that  the  place  of  said  residence  is  more 
than  two  miles  from  the  polling  place  at  which  said  voter 
voted,  and  that  said  voter  did  not  own  any  horse  and 
wagon  or  motor  vehicle  on  said  day  of  election,  and  that 
there  was  no  trolley  line  running  within  half  a  mile  of  the 
residence  of  the  said  voter  upon  which  he  could  be  trans- 
ported to  within  half  a  mile  of  the  said  polling  place.  If 
the  said  judge  of  said  court  shall  approve  of  the  said 
voucher,  the  same  shall  be  paid  by  the  county  board  of 
freeholders. 

393.  Sec.  15.  Any  person  endorsed  as  a  candidate  for 
the  nomination  of  any  political  party  to  public  office  in 
any  county,  may  make  application  to  a  judge  of  the  Court 
of  Common  Pleas  for  an  order  for  the  transportation  of 
voters  at  any  primary  election  upon  the  same  terms  and 
conditions  as  are  herein  provided  for  the  transportation  of 
voters  at  any  general  election. 

394.  Sec.  16.  No  payment  of  money  shall  be  made  and 
no  expense  shall  be  incurred  by  any  person  in  aid  of  or 
for  or  on  behalf  of  any  candidate,  or  on  account  of  or  in 
respect  of  the  conduct  or  management  of  an  election  held 
within  this  State,  except  by  the  committee  selected  under 
the  provisions  of  section  one  of  this  act.     All  expenses 


203 

shall  be  paid  only  from  the  fund  in  the  custody  of  the 
said  committee  so  selected  as  required  by  this  act.  Any 
contract  for  the  payment  of  money,  or  any  expense  in- 
curred, contrary  to  the  provisions  of  this  section,  shall  be 
absolutely  void. 

395.  Sec.    17.  No  person  or  candidate   for  nomination    Forbidden 
or  for  election  to  a  public  office  or  party  position  shall 
pay,  lend,  or  contribute,  or  offer,  or  agree  to  pay,  lend 
or  contribute,  any  money  or  other  valuable  consideration, 
to  or  for  any  person,  either  for — 

( 1 )  The  doing  or  procuring  to  be  done  of  any  act  for-    Acts  con- 
bidden  to  be  done  by  the  laws  of  this  State  relating  to    election 
primary  or  general  elections ;  or,  ^^^'^• 

(2)  The  commission  of  any  crime  or  offense  against    Crime 
the  elective  franchise,  or  the  encouragement  or  assistance   elective 
of  a  person  in  the  commission  of  a  crime  or  offense  against   ^''^^^^^s^- 
the  elective  franchise,  or  aiding  or  assisting  any  person 
charged  with  the  commission  of  a  crime  against  the  elec- 
tive franchise  to  evade  arrest  or  to  escape  conviction  and 
punishment  for  such  crime  or  oft'ense ;  or, 

(3)  Providing  wholly   or   in   part   for   the  expense   of   Colonizing, 
boarding,  lodging  or  maintaining  a  person  at  any  place 

or  domicile  in  any  election  precinct  or  ward  or  district, 
with  the  purpose  of  securing  the  vote  of  such  person  for 
himself,  or  any  other  person,  at  an  election  held  within 
the  State ;  or. 

(4)  The  hiring  or  employment  of  a  person  to  take  or    Hindering 
maintain  a  place  in,  or  to  otherwise  obstruct  or  hinder,    ^°^^^^- 
or  to  prevent  the  forming  of  the  line  of  voters  awaiting 

their  opportunity  or  time  to  enter  the  polling  place  or  elec- 
tion booth  of  J  any  election  precinct;  or, 

(5)  In   consideration   of   any   person   withdrawing   as    withdrawal 

a  candidate   for  public   office   or   Presidential  elector,   at  ^^  candidate, 
any  election  held  within  this  State ;  or, 

(6)  For  any  purpose  in  contravention  of  the  provisions  Against 
of  this  act ;  or,  ^^^^  a^*- 

(7)  Making   any   payment   after   the   time   limited   by  Making  pay- 
this  act,  unless  the  same  is  authorized  as  provided  by  this  timViimit^ 
act:  or  unless  it  be  in  satisfaction  of  a  judgment  obtained 


204 


Name   of 
giver  must 
be  entered. 


Proviso. 


Forbidden    to 
contribute. 


Proviso. 


Soliciting  for 
churches, 
etc.,  for- 
bidden. 


Subscrip- 
tions,  sup- 
port of 
clubs,  etc., 
prohibited. 


against  him,  whether  before,  during  or  after  an  election, 
in  respect  of  or  on  account  of  such  election,  or  who  re- 
fuses or  neglects  to  file  the  statement  prescribed  by  sec- 
tion three  of  this  act,  or  who  makes  or  files  a  false  state- 
ment thereof,  or  who  is  guilty  of  any  crime  against  the 
elective  franchise,  or  any  offense  which  is  punishable  by 
fine  or  imprisonment,  or  both,  under  the  provisions  of  this 
act. 

396.  Sec.  18.  No  person  shall  make  any  payment  of 
his  own  money,  or  of  the  money  of  any  other  person,  in 
connection  with  any  nomination  or  election  in  any  other 
name  than  that  of  the  person  who  really  supplies  such 
money,  nor  shall  any  person  knowingly  receive  such 
money,  or  thing  of  value,  and  enter  it  into  his  accounts 
in  any  other  name  than  the  name  of  the  person  who 
really  supplies  the  same;  provided,  that  the  money  re- 
ceived from  the  treasurer  of  any  political  organization 
may  be  so  entered. 

397.  Sec.  19.  No  holder  of  any  public  office  or  position 
not  filled  by  the  voters  or  benevolent  order  or  association 
thereof  shall  contribute  to  the  nomination  or  the  election 
of  any  person  to  public  office  or  party  position ;  provided, 
that  this  prohibition  shall  not  apply  to  any  person  hold- 
ing an  appointive  office  or  position  the  term  of  which  is 
fixed  by  law.  No  person  shall  invite,  demand  or  accept 
payment  or  contribution  from  such  persons  for  campaign 
purposes. 

398.  Sec^  20.  No  person  shall  demand,  solicit,  ask  or 
invite  any  payment  or  contribution  for  any  religious, 
charitable  or  other  cause  or  organization  supposed  to  be 
primarily  for  the  public  good,  from  any  candidate  for 
nomination  or  election. 

399.  Sec.  21.  No  person  shall  demand,  solicit,  ask  or 
invite  any  candidate  for  nomination  or  for  public  office  or 
party  position  to  subscribe  for  the  support  of  any  club  or 
organization,  or  to  buy  tickets  to  any  entertainment  or 
ball,  or  to  pay  for  space  in  any  book,  program,  periodi- 
cal or  publication.  This  shall  not  apply  to  the  solicita- 
tion of  any  business  advertising  in  periodicals  in  which 


205 

the  candidate  was  a  reeoilar  advertiser  prior  to  his  candi-    ^^^^^  ^"^i- 

'^         ^  \   ^  ness    ana 

dacy,   nor  to   ordinary   business   advertising,   nor   to  the    church  con- 
regular  payments  to  any  organization,   religious,   charit-    ^ot  meant, 
able  or  otherwise,  of   which   he  was  a  member,  or   to 
which  he  was  a  contributor,  for  more  than  six  months 
before  his  candidacy,  nor  to  any  ordinary  contributions 
at  church  services. 

400.  Sec.   22.  No    corporation  or    person,    trustee   or    corporation 
trustees  owning  or  holding  the  majority  of  stock  of  a    tions  for- 
corporation,  carrying  on  the  business  of  a  bank,  savings    bidden, 
bank,  co-operative  bank,  trust,  trustee,  savings  indemnity, 

safe  deposit,  insurance,  rail,  street  railway,  telephone, 
telegraph,  gas,  electric  light,  heat,  power,  canal  or  aque- 
duct company,  or  any  company  having  the  right  to  con- 
demn land,  or  to  exercise  franchises  in  public  ways 
granted  by  the  State,  county,  city  or  town,  shall  pay  or 
contribute  any  money  or  value  in  order  to  aid  or  pro- 
mote the  nomination  or  election  of  any  person,  or  in  order 
to  aid  or  promote  the  interests,  success  or  defeat  of  any 
political  party. 

401.  Sec.   23.  No  person,  party  or  organization  shall   Attendance 
pay  any  person  for  loss  or  damage  due  to  attendance  at   paid  for. 
the  polls  at  any  primary  or  general  election,  or  any  regis- 
try thereof,  or  for  the  purpose  of  such  registration. 

402.  Sec  24.  No  person  shall  sell,  give  or  provide  any  Badges  fur- 
political  badge,  button  or  other  insignia  to  be  worn  at  ^o^^ty  board 
or  about  the  polls  on  any  primary  or  general  election  day,  <>*  elections. 
except  the  badge  furnished  by  the  county  board  of  elec- 
tions are  herein  provided. 

403.  Sec.  25.  It  shall  be  unlawful  for  anv  person,  di-  Unlawful 

«  .,.,,,.  ,-  ,  ,',  contribu- 

rectly  or  mdirectly,  by  himself  or  through  any  other  per-    tions: 
son — 

(i)  To  pay,  lend,  or  contribute,  or  offer  or  promise    To  cause 
to  pay,  lend  or  contribute,  any  money  or  other  valuable   vote  or  re- 
consideration  to   or    for    any    voter,   or    to    or    for   any    ^^^n^.^^^™ 
other  person,   to   induce   such  voter  to  vote   or   refrain 
from  voting  at  any  election,  or  to  induce  any  voter  to 
vote  or  refrain  from  voting  at  such  election  for  any  par- 
ticular person  or  persons,  or  to  induce  such  voter  to  come 


voting. 


2o6 


To   promise 
employment. 


To   induce 
votes. 


To   procure 
votes. 


To   furnish 
funds  for 
bribery. 


To  furnish 
money  for 
board  and 
lodging. 


To  assist  in 

evading 

arrest. 


to  the  polls  or  remain  away  from  the  polls  at  such  elec- 
tion, or  on  account  of  such  voter  having  voted  or  re- 
frained from  voting  or  having  voted  or  refrained  from 
voting  for  any  particular  person,  or  having  come  to  the 
polls  or  remained  away  from  the  polls  at'  such  election. 

(2)  To  give,  ofifer,  or  promise  any  office,  place  or  em- 
ployment, or  to  promise  to  procure,  or  endeavor  to  pro- 
cure, any  office,  place  or  employment  to  or  for  any 
voter,  or  to  or  for  any  other  person,  in  order  to  induce 
such  voter  to  vote  or  refrain  from  voting  at  any  elec- 
tion, or  to  induce  any  voter  to  vote  or  refrain  from  vot- 
ing at  such  election  for  any  particular  person  or  persons. 

(3)  To  make  any  gift,  loan,  promise,  offer,  procure- 
ment or  agreement,  as  aforesaid,  to,  for  or  with  any 
person,  in  order  to  induce  such  person  to  procure,  or 
endeavor  to  procure,  the  election  of  any  person,  or  the 
vote  of  any  voter  at  any  election. 

(4)  To  procure,  or  engage,  promise,  or  endeavor  to 
procure,  in  consequence  of  any  such  gift,  loan,  ofifer, 
promise,  procurement  or  agreement,  the  election  of  any 
person,  or  the  vote  of  any  voter  at  such  election. 

(5)  To  advance  or  pay,  or  cause  to  be  paid,  any 
money  or  other  valuable  thing,  to  or  for  the  use  of  any 
other  person,  with  the  intent  that  the  same,  or  any  part 
thereof,  shall  be  used  in  bribery  at  any  election ;  or  to 
knowingly  pay,  or  cause  to  be  paid,  any  money  or  other 
valuable  thing  to  any  person  in  discharge  or  repayment 
of  any  money,  wholly  or  in  part,  expended  in  bribery  at 
any  election. 

(6)  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  with  the  intent  that  the  same,  or  any  part  thereof, 
shall  be  used  for  boarding,  lodging  or  maintaining  a 
person  at  any  place  or  domicile  in  any  election  precinct, 
or  ward,  or  district,  with  intent  to  secure  the  vote  of  such 
person,  or  to  induce  such  person  to,' vote  for  any  particu- 
lar person  or  perons  at  any  election. 

(7)  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 


207 


person,  with  the  intent  that  the  same,  or  any  part  thereof, 
shall  be  used  to  aid  or  assist  any  person  to  evade  arrest 
who  is  charged  with  the  commission  of  a  crime  against 
the  elective  franchise,  for  which,  if  the  person  were  con- 
victed, the  punishment  would  be  imprisonment  in  the  State 
Prison. 

(8)  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of,,  any  other 
person,  in  consideration  of  being  selected  or  endorsed  as 
the  candidate  of  any  convention,  organized  assemblage 
of  delegates,  or  other  body,  representing,  or  claiming  to 
represent,  a  political  party  or  principle,  or  any  club,  so- 
ciety or  association,  for  a  public  office,  or  in  considera- 
vtion  of  the  selection  or  endorsement  of  any  other  per- 
son as  a  candidate  for  a  public  office,  or  in  consideration 
of  any  member  of  a  convention,  club,  society  or  associa- 
tion, having  voted  to  select  or  endorse  any  person  as  a 
candidate  for  a  public  office. 

(9)  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  in  consideration  of  a  person  withdrawing  as  a 
candidate  for  public  office. 

404.  Sec.  26.  It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself  or  through  any  other 
person : 

(i)  To  receive,  agree  or  contract  for,  before  or  dur- 
ing an  election,  any  money,  gift,  loan  or  other  valu- 
able consideration,  office,  place  or  employment,  for  him- 
self or  any  other  person,  for  voting  or  agreeing  to  vote, 
or  for  coming  or  agreeing  to  come  to  the  polls,  or  for 
refraining  or  agreeing  to  refrain  from  voting,  or  for 
voting  or  agreeing  to  vote,  or  refraining  or  agreeing  to 
refrain  from  voting  for  any  particular  person  or  persons 
at  any  election. 

(2)  To  receive  any  money  or  other  valuable  thing  dur- 
ing or  after  an  election,  on  account  of  himself,  or  any 
other  person,  having  voted  or  refrained  from  voting  for 
any  particular  person  or  perons  at  such  election,  or  on 
account  of  himself,  or  any  other  person,  having  come  to 


To  pay  for 
endorsement 
by    delegates, 
associations, 
etc. 


To  secure 
withdrawals. 


Unlawful 
acts  : 


To    receive 
money, 
position,    etc. 


To  vote  or 
refrain   from 
voting   for 
considera- 
tion. 


2o8- 


To   receive 
consideration 
to  secure 
delegates  or 
endorse- 
ment. 


False  regis- 
tration in 
person. 


Causing 

others 

to  register 

falsely. 


Fraudulent 
voting,  stuff- 
ing  ballot- 
box,    destroy- 
ing records, 
etc.,    a    mis- 
demeanor. 


the  polls  or  remained  away  from  the  polls  at  such  election, 
or  on  account  of  having  induced  any  other  person  to  vote 
or  refrain  from  voting,  or  to  vote  or  refrain  from  voting 
for  any.  particular  person  or  persons,  or  to  come  to  or  re- 
main away  from  the  polls  at  such  election. 

(3)  To  receive  any  money  or  other  valuable  thing,  be- 
fore, during  or  after  election,  on  account  of  himself  or 
any  other  person  having  voted  to  secure  the  election  or 
indorsement  of  any  other  person  as  the  nominee  or  candi- 
date of  any  convention,  organized  assemblage  of  dele- 
gates, or  other  body,  representing,  or  claiming  to  repre- 
sent, a  political  party  or  principle,  or  any  club,  society  or 
association,  or  on  account  of  himself  or  any  other  person 
having  aided  in  securing  the  selection  or  indorsement  of 
any  other  person  as  a  nominee  or  candidate  as  aforesaid. 

405.  Sec.  27.  No  person  shall  willfully  cause,  procure 
or  allow  himself  to  be  registered  in  any  registration  list, 
knowing  himself  not  to  be  entitled  to  such  registration. 

406.  Sec.  28.  No  person  shall  willfully  cause,  procure 
or  allow  any  other  person  to  be  registered  in  any  regis- 
tration list,  knowing  such  person  not  to  be  entitled  to  such 
registration. 

407.  Sec.  29.  Every  person  not  entitled  to  vote,  who 
fraudently  votes,  and  every  person  who  votes  more  than 
once  at  any  one  election;  or  knowingly  hands  in  two  or 
more  tickets  folded  together;  or  changes  any  ballot  after 
the  same  has  been  deposited  in  the  ballot-box;  or  adds, 
or  attempts  to  add,  any  ballot  to  those  legally  polled  at 
any  election,  either  by  fraudulently  introducing  the  same 
into  the  ballot-box  before  or  after  the  ballots  therein  have 
been  counted,  or  adds  to  or  mixes  with,  or  attempts  to 
add  to  or  mix  with,  the  ballots  lawfully  polled,  other  bal- 
lots, while  the  same  are  being  counted  or  canvassed,  or 
at  any  other  time,  with  intent  to  change  the  result  of  such 
election ;  or  carries  away  or  destroys,  or  attempts  to  carry 
away  or  destroy,  any  poll  list,  or  ballots,  or  ballot-box,  for 
the  purpose  of  breaking  up  or  invalidating  such  election; 
or  willfully  detains,  mutilates  or  destroys  any  election  re- 
turns; or  in  any  manner  so  interferes  with  the  officers 


209 

holding  such  election,  or  conducting  such  canvass,  or  with 
the  voters  lawfully  exercising  their  rights  of  voting  at 
such  election,  as  to  prevent  such  election  or  canvass  from 
being  fairly  had  and  lawfully  conducted,  shall  be  guilty 
of  a  misdemeanor. 

408.  Sec.  30.  Every  person  not  entitled  to  vote,  who    uiegai 
fraudulently  attempts  to  vote,  or  who,  being  entitled  to 
vote,  attempts  to  vote  more  than  once  at  any  election,  or 
who  personates,  or  attempts  to  personate,  a  person  legally  imperson- 
entitled  to  vote,  shall  be  guilty  of  a  misdemenaor.  ^  ^°^' 


409.  Sec.  31.  Every  person  charged  with  the  perform-   Penalty  for 

election 
oflScers. 


ance  of  any  duty  under  the  provisions  of  any  law  of  this    ^^^^^^^^ 


State  relating  to  elections,  who  willfully  neglects  or  re- 
fuses to  perform  it,  or  who,  in  his  official  capacity,  know- 
ingly and  fraudulently  acts  in  contravention  or  violation 
of  any  of  the  provisions  of  such  laws,  shall  be  guilty  of  a 
misdemeanor. 

410.  Sec.  32.  A  person  offending  against  any  provision   As  to  testi- 

,.     -  .  .  .  .  -  monv   of 

of  this  act  IS  a  competent  witness  against  another  person  offenders, 
so  offending,  and  may  be  compelled  to  attend  and  testify 
upon  any  trial,  hearing,  proceeding  or  lawful  investiga- 
tion or  judicial  proceeding,  in  the  same  manner  as  any 
other  person.  But  the  testimony  so  given  shall  not  be 
used  in  any  prosecution  or  proceeding,  civil  or  criminal, 
against  the  person  so  testifying.  A  person  so  testifying 
shall  not  thereafter  be  liable  to  indictment  or  presentment 
by  information,  nor  to  prosecution  or  punishment  for  the 
offense  with  reference  to  which  his  testimony  was  given, 
and  may  plead  or  prove  the  giving  of  testimony  accord- 
ingly in  bar  of  such  indictment,  information  or  prosecu- 
tion. 

411.  Sec.   33.  It  shall  be  unlawful  for  any   candidate    Betting, 
for  public  office,  before  or  during  an  election,  to  make 

any  bet  or  wager  with  a  voter,  or  take  a  share  or  interest 
in,  or  in  any  manner  become,  a  party  to  such  bet  or 
wager,  or  provide  or  agree  to  provide  any  money  to  be 
used  by  another  in  making  such  bet  or  wager,  upon  any 
event  or  contingency  whatever.  Nor  shall  it  be  lawful 
for  any  person,  directly  or  indirectly,  to  make  a  bet  or 


2IO 


Penalty  for 
Hot   filing 
statement. 


Penalty  for 
treasurer  of 
committee. 


Threats, 


Abduction, 

Interference, 

etc. 


Pay 

envelopes 
not   to   bear 
political    ex- 
pressions. 


wager  with  a  voter,  depending  upon  the  result  of  any 
election,  with  the  intent  thereby  to  procure  the  challenge 
of  such  voter,  or  to  prevent  him  from  voting  at  such  elec- 
tion. 

412.  Sec.  34.  Every  candidate  who  refuses  or  neg- 
lects to  file  a  statement,  as  prescribed  in  section  three  of 
this  act,  is  guilty  of  a  misdemeanor. 

413.  Sec.  35.  Every  treasurer  of  a  committee  selected 
under  the  provisions  of  section  one  of  this  act,  who  re- 
fuses or  neglects  to  file  a  statement,  as  prescribed  by  sec- 
tion two  of  this  act,  is  guilty  of  a  misdemeanor. 

414.  Sec.  36  It  shall  be  unlawful  for  any  person,  di- 
rectly or  indirectly,  by  himself  or  any  other  person  in  his 
behalf,  to  make  use  of,  or  threaten  to  make  use  of,  any 
force,  violence  or  restraint,  or  to  inflict  or  threaten  the 
infliction,  by  himself  or  through  any  other  person,  of  any 
injury,  damage,  harm  or  loss,  or  in  any  manner  to  prac- 
tice intimidation,  upon  or  against  any  person,  in  order  to 
induce  or  compel  such  person  to  vote  or  refrain  from 
voting  at  any  election,  or  to  vote  or  refrain  from  voting 
for  any  particular  person  or  persons  at  any  election,  or 
on  account  of  such  person  or  persons  at  any  election,  or 
on  account  of  such  person  having  voted  or  refrained  from 
voting  at  any  election.  And  it  shall  be  unlawful  for  any 
person,  by  abduction,  duress,  or  any  forcible  or  fraudu- 
lent device  or  contrivance  whatever,  to  impede,  prevent 
or  otherwise  interfere  with  the  free  exercise  of  the  elec- 
tive franchise  by  any  voter;  or  to  compel,  induce  or  pre- 
vail upon  any  voter  either  to  give  or  refrain  from  giving 
his  vote  at  any  election,  or  to  give  or  refrain  from  giving 
his  vote  for  any  particular  person  or  persons  at  any  elec- 
tion. It  shall  not  be  lawful  for  any  employer,  in  pay- 
ing his  employes  the  salary  or  wages  due  them,  to  inclose 
their  pay  in  "pay  envelopes"  upon  which  there  is  writ- 
ten or  printed  the  name  of  any  candidate  or  any  political 
mottoes,  devices  or  arguments,  containing  threats,  ex- 
press or  implied,  intended  or  calculated  to  influence  the 
political  opinions  or  actions  of  such  employes.  Nor  shall 
it  be  lawful  for  any  employer,  within  ninety  days  of  an 


211 

election,  to  put  up  or  otherwise  exhibit  in  his  factory,   p^n^j^f, 
workshop  or  other  establishment  or  place  where  his  work-   hand-Miis 
men  or  employes  may  be  working,  any  hand-bill  or  pla-   threats  in 
card  containing  any  threat,  notice  or  information  that  in   lactones. 
case  any  particular  ticket  of  a  political  party,  or  organiza- 
tion, or  candidate  shall  be  elected,  work  in  his  place  or 
establishment  will  cease,  in  whole  or  in  part,  or  his  place 
or  establishment  be  closed  up,  or  the  salaries  or  wages 
of  his  workmen  or  employes  be  reduced,  or  other  threats, 
express  or  implied,  intended  or  calculated  to  influence  the 
political  opinions  or  actions  of  his  workmen  or  employes.   Penalty. 
This  section  shall  apply  to  corporations  as  well  as  indi- 
viduals, and  any  person  or  corporation  violating  the  pro-   fo^^f^rfeit^"^ 
visions  of  this  section  is  guilty  of  a  misdemeanor,  and  any    charter, 
corporation  violating  this  section  shall  forfeit  its  charter. 

415.  Sec.   37.  Every  inspector,   judge  or  clerk  of  an  Penalty  for 

elect  ion 

election,  who,  previous  to  putting  the  ballot  of  an  elector   officers  to 
in  the  ballot-box,  attempts  to  find  out  any  name  on  such   ^J^^^  ^vofer's 
ballot,  or  who  opens  or  suffers  the  folded  ballot  of  any   baiiot 
elector  which  has  been  handed  in  to  be  opened  or  ex- 
amined previous  to  putting  the  same  in  the  ballot-box,  or 
who  makes  or  places  any  mark  or  device  on  any  folded 
ballot  with  the  view  to  ascertain  the  name  of  any  person 
for  whom  the  elector  has  voted,  or  who,  without  the  con- 
sent of  the  elector,  discloses  the  name  of  any  person  which 
such  inspector,  judge  or  clerk  has  fraudulently  or  illegally 
discovered  to  have  been  voted  for  by  such  elector,  shall 
be  guilty  of  a  misdemeanor. 

416.  Sec.   38.  If  the  prosecutor  of   the  pleas  of  the    Duty  of 
county  shall  be  notified  by  any  officer  or  other  person   fnquire  into° 
of  any  violation  of  any  of  the  provisions  of  this  act,  it   violations, 
shall  be  his  duty  forthwith  to  diligently  inquire  into  the 

facts  of  such  violation,  and  if  there  is  reasonable  ground 
for  instituting  a  prosecution,  it  shall  be  the  duty  of  such 
prosecutor  of  the  pleas  to  present  the  said  charge  with 
all  the  evidence  which  he  can  procure,  to  the  grand  jury 
of  such  county.  If  any  prosecutor  of  the  pleas  shall  fail 
or  refuse  to  faithfully  perform  any  duty  imposed  upon 
him  by  this  act,  he  shall  be  deemed  guilty  of  a  misde- 


212 


Prosecutions 


Citizens 
may  assist 
prosecutor. 


Dismissal   of 
actions. 


meanor,  and  on  conviction  thereof  shall  forfeit  his  office. 
It  shall  be  the  duty  of  the  prosecutor  of  the  pleas,  un- 
der the  penalty  of  forfeiture  of  his  office,  to  prosecute 
any  and  all  persons  guilty  of  any  violation  of  the  pro- 
visions of  this  act,  the  penalty  of  which  is  fine  or  im- 
prisonment, or  both,  or  removal  from  office.  Any  citizen 
may  employ  an  attorney  to  assist  the  prosecutor  of  the 
pleas  to  perform  his  duties  under  this  act,  and  such  attor- 
ney shall  be  recognized  by  the  prosecutor  of  the  pleas  and 
the  court  as  associate  counsel  in  the  proceeding;  and  no 
prosecution,  action  or  proceeding  shall  be  dismissed  with- 
out notice  to,  or  against  the  objection  of,  such  associate 
counsel  until  the  reasons  of  the  prosecutor  of  the  pleas 
for  such  dismissal,  together  with  the  objections  thereto 
of  said  associate  counsel,  shall  have  been  filed  in  writing, 
argued  by  counsel,  and  fully  considered  by  the  court, 
with  such  limitation  as  to  the  time  of  filing  such  reasons 
and  objections  as  the  court  may  impose. 


Penalties. 


Forfeiture 
of  office. 


417.  Sec.  39.  Any  person  or  candidate  who  shall. vio- 
late any  provision  of  this  act  shall  be  guilty  of  a  misde- 
meanor; and  any  such  candidate  shall,  in  addition  to  the 
punishment  prescribed  by  law,  forgeit  any  office  to  which 
he  may  have  been  elected  at  the  election  in  reference  to 
which  such  crime  or  offense  was  committed;  and  if  the 
candidate  so  offending  is  the  incumbent  of  an  office  of 
profit  or  trust  under  the  laws  of  this  State,  he  shall  there- 
by forfeit  this  office.  Any  candidate  who  procures,  aids, 
assists,  counsels,  or  advises  the  payment  of  any  money 
or  other  valuable  thing  by  or  on  behalf  of  a  committee 
selected  under  the  provisions  of  section  one  of  this  act, 
and  such  payment  is  made  for  any  purpose  which,  if  the 
money  was  expended  by  the  candidate,  would  work  a  for- 
feiture of  the  office  to  which  he  has  been  elected,  such 
payment  shall  be  deemed  to  have  been  made  by  such  can- 
didate, and  he  shall  forfeit  any  office  to  which  he  may 
have  been  elected  at  the  election  in  reference  to  which 
such  payment  was  made  by  or  on  behalf  of  such  com- 
mittee. 


213 

41 8.  Sec,  40.  Any  twenty-five  voters  of  the  State,  or    Contested 

,       .  elections 

of  any  political  division  thereof,  may  contest  the  right  of 
any  person  to  nomination,  position  or  office  for  which 
said  voters  had  the  right  to  vote,  on  the  ground  of  de- 
liberate, serious  and  material  violation  of  the  provisions 
of  this  act  or  of  any  other  provisions  of  the  law  relating 
to  nominations  and  elections.  Any  defeated  candidate 
for  said  nomination,  position  or  office  may  make  said 
contest.  Said  procedure  shall  be  commenced  by  petition 
filed  in  the  circuit  court  of  the  county,  in  which  the  can- 
didate whose  election  is  contested  resides,  and  the  con- 
test shall  be  carried  on  according  to  the  provisions  of 
section  one  hundred  and  sixty-two  of  the  act  to  which 
this  act  is  a  supplement. 

In  case  of  contest  over  nominations,  the   court  shall   Court  to 
pronounce  whether  the  incumbent  or  contestant  was  duly 
nominated,  and  the  person  so  declared  nominated  shall 
have  his  name  printed  on  the  official  ballots. 

419.  Sec.  41.  When  upon  the  trial  of  any  action  or   court  to 
proceedings  under  this  act  it  shall  appear  from  the  evi-    mitigatLg 
dence  that  the  offense  complained  of  was  not  committed   circum- 

,  stances. 

by  the  candidate,  or  with  his  knowledge  or  consent,  or 
was  committed  without  his  sanction  or  connivance,  and 
that  all  reasonable  means  were  taken  by  such  candidate 
at  such  election,  or  were  taken  by  or  on  behalf  of  the 
candidate,  or  that  the  offenses  complained  of  were  trivial, 
unimportant  or  limited  in  character,  and  that  in  all  re- 
spects his  candidacy  and  election  were  free  from  all  of- 
fensive, or  illegal  acts,  or  that  any  act  or  omission  of 
any  candidate  complained  of  arose  from  accidental  mis- 
calculation or  from  some  other  reasonable  cause  of  like 
nature,  and  in  any  case  did  not  arise  from  any  want  of 
good  faith,  and  under  the  circumstances  it  seems  to  the 
court  to  be  unjust  that  the  candidate  shall  forfeit  his 
nomination,  position  or  office,  then  the  nomination  or 
election  of  such  candidate  shall  not  by  reason  of  such 
offense  complained  of  to  be  void,  nor  shall  the  candi- 
date be  removed  from  nor  deprived  of  his  nomination, 
position  or  office. 


214 


lime  for 
begiBnlng 
contests. 


Proceedings 
against  cor- 
porations. 


Judgment. 


Candidates 
set    aside 
not  to  fill 
vacancies. 


420.  Sec.  42.  Any  action  under  this  act  contesting  any 
nomination  or  election  must  be  commenced  within  ten 
days  after  the  day  of  the  primary,  or  thirty  days  after  a 
general  election,  unless  the  ground  of  action  is  discovered 
from  the  statements  filed  under  this  act,  in  which  event 
the  action  must  be  commenced  within  ten  or  thirty  days 
after  such  discovery,  respectively.  Any  action  to  annul 
any  nomination  or  election  of  any  person  for  office  men- 
tioned in  this  act,  must  be  filed  in  the  circuit  court  of  the 
county  in  which  the  person  resides  whose  right  to  the 
nomination,  position  or  office  is  contested. 

421.  Sec.  43.  Any  corporation  organized  under  the 
laws  of  this  State,  or  doing  business  therein,  may  be 
brought  into  the  circuit  court  on  the  ground  of  the  de- 
liberate, serious  and  material  violation  of  this  act  by  pro- 
ceedings begun  and  continued  in  substantially  the  same 
form  as  is  required  in  the  case  of  contesting  the  nomi- 
nation or  election  of  any  candidate  for  public  office  un- 
der this  act.  The  petition  shall  be  filed  in  the  circuit 
court  of  the  county  in  which  the  corporation  has  its 
principal  office,  or  in  which  the  violation  of  this  act  is 
averred  to  have  occurred. 

If  judgment  shall  be  rendered  in  such  proceedings 
against  the  corporation,  and  it  shall  be  found  to  have 
violated  the  said  act,  judgment  shall  be  awarded  against 
the  said  corporation  in  the  amount  of  not  exceeding  ten 
thousand  dollars,  or  the  said  court  may  forfeit  the  char- 
ter of  said  company,  if  it  is  a  company  organized  under 
the  laws  of  this  State. 

422.  Sec.  44.  A  candidate  elected  to  an  office,  and 
whose  election  thereto  has  been  annulled  and  set  aside 
for  any  offense  mentioned  in  this  act,  shall  not,  during 
the  period  fixed  by  law  as  the  term  of  such  office,  be 
appointed  to  fill  any  vacancy  which  may  occur  in  such 
office.  A  candidate  or  other  person  who  is  removed  from 
or  deprived  of  his  office  for  any  offense  mentioned  in  this 
act,  shall  not,  during  the  period  remaining  as  the  un- 
expired term  of  such  office,  or  during  the  period  fixed  by 
law  as  the  next  ensuing  term  of  such  office,  be  appointed 


215 

tc  fill  .any  vacancy  which  may  occur  in  such  office. 
Any  appointment  to  an  office  made  in  violation  of  or  con- 
trary to  the  provisions  of  this  section  shall  be  void. 

423.  Sec.    45.  In   event   that   any   provisions  or   para-   constitu- 

u  7    r  xu-  .     1-   11  t.        ^-  1   •  .    tionality  of 

graph  or  part  of  this  act  shall  be  questioned  in  any  court   sections, 
and  shall  be  held  to  be  invalid,  the  remainder  of  the  act 
shall  not  be   invalidated,  but  shall   remain   in   full   force 
and  effect. 

Supplement,  May  2,  191 1,  P.  L.  191 1,  p.  762. 

424.  Sec.  I.  No  vacancy  on  any  primary  ticked  caused 
by  the  death  of  any  candidate  endorsed  in  any  petition, 
or  by  a  declination  in  writing  by  any  candidate  so  en- 
dorsed, shall  be  filled  unless  the  said  vacancy  occurs  at 
least  fifteen  days  before  the  primary  election. 

425.  Sec.  2.  All  petitions  endorsing  any  person  or  per- 
sons as  candidates  for  nomination  of  any  political  tparty 
to  any  public  office  of  any  county,  including  members  of 
the  General  Assembly  and  State  Senate,  shall  be  filed 
with  the  county  clerk  ^of  such  county  at  least  twenty- 
five  days  prior  to  the  time  fixed  by  law  for  the  holding 
of  such  primary  election,  and  the  said  county  clerk  shall 
certify  all  of  said  nominations  to  the  clerk  of  each  mu- 
nicipality in  his  county  at  least  twenty  days  prior  to  the 
time  fixed  by  law  for  the  holding  of  said  primary  election. 

Supplement  of  Mar.  13,  1912,  P.  L.  1912,  p.  100. 

426.  Sec.  I.  The  American  flag  shall  be  displayed  in  riag  dis- 
each  polling  place  in  this  State  by  the  boards  of  regis-  Pj^^f^^  ** 
try  and  election  during  the  hours  when  said  i  boards  are  place. 

in  session. 

427.  Sec.  2.  The  board,  body  or  officer  now  charged   ,^^  ^^  ^ 
with  the  duty  of  defraying  the  expenses  of  conducting   furnish  flag, 
the  primary  and  elections  shall  furnish  said  flag,  which 

shall  be  approximately  three  feet  by /five  feet  in  size. 

Supplement  of  Mar.  28,  1912,  P.  L.  1912,  p.  425. 

42S'.  Sec.    I.  Any   male  person   who  has   attained  the  ^^  ^^^^  ^f 
aee  of  twenty-one  years  and  has  a  legal  residence  in  the  federal  gov- 

-,  ..-..^T  1,-  i-r^  u      ernment   may 

State  of  New  Jersey,  but  is  now,  or  hereafter  may  be  register  by 
living  out   of   the   State,   in   the   employ  of  the   United   affidavit. 
States  Government,  and  ^who  has  the  right  to  and  de- 


2l6 


Candidates 
or  commit- 
tees who  fail 
to  file 
statements 
may  apply 
for  exten- 
sion- 


sires  to  exercise  the  right  of  franchise,  shall  have  the 
right  to  be  registered  by  affidavit  for  any  primary  and 
general,  State  or  municipal  election,  in  the  city,  borough, 
town  or  township,  wherein  he  has  a  legal  residence,  pro- 
vided such  affidavit  shall  properly  answer  ;the  same  ques- 
tions required  to  be  answered  in  the  case  of  personal 
registration.  Election  officers  shall  accept  such  affidavit, 
if  received  by  mail  or  by  proxy,  prior  /to  or  on  the  day 
of  the  last  registration  for  any  such  election,  and  place 
the  said  person's  name  on  the  registry  list,  provided,  it 
is  accompanied  by  /  a  certificate  from  the  department  or 
bureau  where  such  person  is  employed,  certifying  that  the 
applicant  for  the  right  of  franchise,  is  a  legal  resident 
of  the.  State  of  New  Jersey,  and  is  credited  to  this  State 
on  the  records  of  the  office  where  employed. 

Supplement  of  Apr.  i6,  19 12,  p.  849. 

429.  Sec.  I.  Any  candidate  for  office,  or  the  cam- 
paign committee  of  such  candidate,  or  either  of  them, 
who  may  have ;  heretofore  failed  or  neglected  to  file  the 
statement  and  report  required  by  the  act  to  which  this  is 
a  supplement,  within  the  time  required  by  said  act,  may 
apply  to  the  judge  of  the  Court^of  Common  Pleas  of  the 
county  in  which  said  candidate  resided  at  the  time  of 
the  said  election,  for  permission  to  file  the  statement  and 
report  aforesaid,  and  said  t  judge  shall  thereupon  inquire 
into  the  reasons  for  the  failure  to  file  such  statement  and 
report,  and  if  it  shall  appear  to  him,  by  affidavit  or  other- 
wise, that  the  said  candidate  or  campaign  committee  of 
such  candidate  has  complied  with  the  provisions  of  the 
act  to  which  this  is  a  supplement,  except  as  to  the  filing 
of  such  statement  and  report  within  \the  time  required 
by  said  act,  he  may  thereupon  make  an  order  permitting 
such  candidate  and  campaign  committee  to  file  such  state- 
ment and  report  within  a  time  j  to  be  fixed  by  said  order 
not  more  than  ten  days  from  the  date  thereof;  and  upon 
the  filing  of  said  statement  and  report  in  the  office,  or 
offices,  and  in  ^the  form  as  now  provided  by  said  act,  the 
said  candidate  shall  be  entitled  to  assume  the  office  to 
which  he  may  have  been  elected  at  such  election,  and 


217 

shall  be  restored  to  any  office  of  profit  i  or  trust  under  the 
laws  of  this  State  which  may  have  been  forfeited  by  him 
by  reason  of  the  failure  to  file  such  statement  and  report 
within  (the  time  required  by  said  act. 

Supplement  of  May  13,  1912,  P.  L.  1912,  p.  927. 

430.  Sfx.  I.  In  the  year  in  which  a  President  of  the 
.United  States  is  to  be  elected,  the  State  oonventions 
which  are  now  required  to  meet  on  the  Tuesday  follow- 
ing the  primary  election  in  each  year,  shall  severally 
nominate  for  their  respective  parties,  suich  number  of 
candidates  for  electors  of  President  and  Vice-President 
of  the  United  States  as  ithis  State  shall  be  entitled  to 
elect  or  appoint.  Such  nominations  shall  be  certified  in 
the  manner  provided  by  the  act  to  which  this  is  a  supple- 
ment, and  all  subsequent  proceedings  itherein  shall  be  in 
conformity  wath  the  various  provisions  of  said  act  and 
the  supplements  thereto,  so  far  as  the  same  are  applicable. 
The  names  of  the  candidates  for  President  .and  Vice- 
President  for  whom  such  electors  are  to  vote  may  be 
included  in  the  certificate.  Said  conventions  may  ap- 
point a  committee  to  whom  shall /be  delegated  the  power 
to  fill  any  vacancies  occasioned  by  any  cause.  The  candi- 
dates for  electors  shall  be  amenable  to  chapter  188,  laws 
of  191 1.  The  State  committee  of  itheir  party  may  be 
their  agent  for  the  purposes  mentioned  in  the  first  sec- 
tion of  said  act,  or  they  may  designate  such  other  agent 
or  agents  as  they  see  fit  and  such  agent  or  agents  shall 
comply  with  all  requirements  of  said  chapter  1S8,  laws 
of  1911. 

CHAPTER  206. 

A  Supplement  to  ,an  act  entitled  "An  act  for  the  pun- 
ishment of  crimes  (Revision  of  1898),"  approved  June 
fourteenth,  one  thousand  eight  hundred  and  ninety-eight. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  ^ Jersey : 

431.  Sec.    I.  Any  person  who  shall,  directly   or  indi-   Bribery  at 
rectlv,  bv  himself  or  by  anv  other  person  in  his  behalf,  election  a 

'        '  tJlsdtuaean  vr 


2l8 


Penalty. 


Contributing 
witti  view  to 
bribery  a 
misde- 
meanor. 


Penalty. 


Receiving 
rewards  or 
promises  a 
misdemeanor. 


Penalty, 
disfran- 
chisement. 


give,  lend,  or  agree  to  give  or  lend,  jor  procure,  or  agree 
to  procure  or  offer  or  promise  to  procure,  or  endeavor  to 
procure,  any  money  or  other  valuable  consideration  or 
thing,  or  any  office,  place  or  employment  to  or  for  any 
voter,  or  to  or  for  any  person,  in  order  to  induce  such 
voter  to  vote  or  refrain  from  registering  or  voting  at 
any  election,  or  shall  corruptly  \do  or  commit  any  of  the 
acts  in  this  section  mentioned,  on  account  of  any  voter 
having  voted  or  refrained  from  voting,  or  having  reg- 
istered or  refrained  from  registering  for  any  election, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  disfranchisement  for  a  pe- 
riod of  five  years  from  the  ^date  of  conviction. 

432.  Sec.  2.  Any  person  who  shall  give,  advance  or 
pay,  or  cause  to  be  given,  advanced  or  paid,  any  money 
or  other  valuable  thing  to  any  , person,  or  to  the  use  of 
any  other  person,  with  the  intent  that  such  money  or 
other  valuable  thing,  or  any  part  thereof,  shall  be  ex- 
pended, or  used  for  bribery  .of  voters,  or  for  any  other 
unlawful  purpose  at  any  election,  or  who  shall  know- 
ingly pay,  or  cause  to  be  paid,  any  money  to  any  person 
wholly  or  in  part  expended  in  bribery  of  a  voter  or  voters 
at  any  election,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  sentenced  to  disfranchisement 
for  five  years  from  the  date  of  conviction. 

433.  Sec.  3.  Any  person  who  shall,  directly  or  indi- 
rectly, by  himself,  or  by  any  other  person  on  his  behalf, 
receive,  agree  or  contract  for  any  money,  gift,  loan  or 
valuable  consideration,  office,  place  or  employment  for 
himself  or  for  any  other  person  for  voting  or  agreeing 
to  vote,  or  for  refraining  or  agreeing  to  refrain  from 
voting  at  any  election,  or  for  registering  or  agreeing  to 
register,  or  for  refraining  or  for  agreeing  to  refrain  from 
registering  for  any  election,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  sentenced  to 
disfranchisement  for  a  period  of  five  years  from  the  date 
of  conviction. 

434.  Sec.  4.  Supplemented  by  P.  L.  191 1,  .chap.  188', 
sec.  36,  paragraph  468,  post. 


219 

435-  ^EC.  5.  Any  person  who,  having  once  been  con-  Penalty  for 
victed  of  a  violation  of  any  of  ,the  provisions  of  this  act,  offense, 
shall  again  be  convicted  of  a  violation  of  any  of  the  pro- 
visions of  this  act,  whether  such  conviction  be  for  the 
same  offense  or  not,  shall,  on  such  second  conviction,  be 
sentenced  to  disfranchsement  and  to  pay  a  fine  not  ex- 
seeding  one  thousand  dollars,  or  to  imprisonment  for  a 
term  not  exceeding  five  years,  or  ,both,  at  the  discretion 
of  the  court,  (a) 

436.  Sec.  6.  No  person  shall  be  excused  from  attend-  Compulsory 
ing  and   testifying,   or  producing  any   books,   papers   or 
other  documents  before  any  court  on  any  indictment  for 
violation  of  any  of  the  provisions  of  this  act,  upon  the 
ground  or  for  the  reason  that  the  testimony  or  evidence, 
documentary  or  otherwise,  required  of  him  may  tend  to 
convict  him  of  a  crime  or  to  subject  him  to  a  penalty  or 
forfeiture,    but  no  person    shall  be    prosecuted  or  sub- 
jected to  any  penalty  or  forfeiture  for  or  on  account  of 
any  transaction,   matter  or  thing  concerning  which  he   incriminat- 
may  so  testify  or  produce  evidence,  documentary  or, other-   testimony 
wise,  and  no  testimony  so  given  or  produced  shall  be  re-   °gajn"t^^ 
ceived  against    him   upon   any    criminal    proceeding  or    witness, 
action. 

,437.  Sec.  7.  All  acts  and  parts  of  acts  inconsistent  with   Repealer, 
the  provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

CHAPTER  208. 

An  Act  to  define  the  crime  of  bribery  and  to  provide  for 
the  punishment  thereof. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey : 

43S.  Sec.  I.  Any  person  ,who  shall  do  any  act  herein- 
after prohibited  shall  be  deemed  guilty  of  the  crime  of 
bribery  and  shall  be  punished  therefor  as  hereinafter  pro- 
vided. 

(a)  Query. — Is  not  this  section  unconstitutional  under  tne  declilon 
in  8tate  v.   OarriganT     35  N.  J.   Late  Journal,  p.  106. 


Bribery. 


220 


No  contri- 
butions or 
promises. 


Entertain- 
ment. 


Clubs. 


Ijiterature. 


Proviso  ; 
paid  adver- 
tisements. 


Not  accept 
gift.       * 


Penalty  for 
violations. 


439.  Sec.  2.  No  person  shall  give  or  agree  to  give  for 
the  purpose  of  promoting  or  procuring  the  election  of  a 
candidate  for  public  office,  or  for  the  purpose  of  promot- 
ing or  procuring  the  nomination  of  any  person  as  ^a  can- 
didate for  public  office,  any  money  or  any  valuable  thing 
to  be  used  for  any  of  the  purposes  hereinafter  enumer- 
ated. I 

(a)  To  provide  or  give  or  to  pay,  wholly  or  in  part, 
the  expense  of  giving  or  providing  any  meat,  drink,  en- 
tertainment or  provision  to  or  for  any  (person  for  the  pur- 
pose of  influencing  that  person  or  any  other  person  to 
give  or  refrain  from  giving  his  vote  at  any  election,  or 
on  account  of  ^  any  such  person  or  any  other  person  hav- 
ing voted  or  refrained  from  voting. 

(b)  To  provide  for  the  payment  of  rent  for  or  for  the 
purpose  of  providing  and  fitting  up  any  clubroom  for 
social  or  recreative  purposes,  or  providing  for  uniforms 
for  any  organized  club. 

(c)  To  provide  for  the  payment^ for  the  insertion  in 
any  newspaper  or  magazine  of  any  article  tending  to 
influence  any  voter;  provided,  however^  that  this  prohi- 
bition shall  not  be  construed  to  prohibit  the ,  insertion  of 
paid  advertisements,  which  advertisements  shall  be  indi- 
cated by  the  words  'This  advertisement  has  been  paid 

for  by "   (inserting  the  name  of , the  person 

or  persons  paying  for  the  same.) 

440  Sec.  ,3;.  No  (person  shall  accept  any  money  or" 
other  valuable  thing,  the  payment  of  which  is  prohibited 
by  this  act. 

441.  Sec.  4.  Any  person  found  guilty  of  bribery  as 
hereinabove  defined  shall  be  guilty  ,of  a  misdemeanor, 
and  upon  conviction  thereof  shall,  for  the  first  oflfense  be 
disfranchised  for  a  period  of  two  years  from  the  date  of 
such  conviction,  and  for  any  subsequent  offense  shall  be 
perpetually  disfranchised,  and  in  addition  thereto  the 
court  in  which  such  conviction  is  obtained,  may,  in  its 
discretion,  in  a  case  of  a  subsequent  conviction,  impose 
upon  the  person  so  convicted,  the  punishment  now  pre- 
scribed bv  law  for  a  misdemeanor. 


221 

442.  Sec.   5.  No  person   called   to  testify   in  any   pro-   [°"\^g°**' 
ceedings  under -this  act  shall  be  liable  to  a  criminal  pros-   mony 
ecution,  either  under  this  act  or  otherwise,  for  any  mat-   against 
ters  or  causes  in  respect  to  which  he  shall  be  examined,  ^^^ness. 
or  to  which  his  testimony  shall  relate,  except  to  a  prose- 
cution for  bribery  committed  in  such  testimony;  nor  shall 
any  person,  when  called  to  testify  in  any  trial  for  a  vio- 
lation of  this  act,  be  privileged  to  refuse  to  answer  any 
questions  which  may  be  asked  him,  upon  the  ground  that 
the  same  will  tend  to  degrade  or  incriminate  him. 

44^.  Sec.  6.  Nothing  in  this  act  contained  shall  be  con-  Construe- 

^^^  ^  tion   of  act. 

strued  to  alter,  modify,  amend  or  repeal  any  statute  of 
this  State  imposing  any  penalty  for  any  offenses  in  con- 
nection with  the  holding  of  an  election;  provided,  how-  proviso. 
ever,  that  this  section  shall  not  be  construed  to  alter  or 
modify  the  provisions  of  section  five  of  this  act. 

CHAPTER  34. 

A  Further  Supplement  to  an  act  entitled  "An  act  for  the 
punishment  of  crimes   (Revision  of  1898),"  approved 
June  fourteenth,  eighteen  hundred  and  ninety-eight. 
Be  it  enacted  hy  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey: 

444.  No  insurance    corporation    or    association    doing  Political  con- 
business  in  this  State  shall,  directly  or  indirectly,  pay  or   insurance 
use,  or  offer,  consent  or  agree  to  pay  or  use,  any  money   *^°™vj^,^it^d 
or  property  for  or  in  aid  of  any  political  party,  commit- 
tee, organization  or  corporation,  or  for  or  in  aid  of  any 
candidate  for  political  office,  or  for  nomination  for  such 
office,  or  for  any  political  purpose  whatsoever,  or  for  the 
reimbursement    or    indemnification    of   any    person    for 
money  or  property  so  used.     x\ny  officer,  director,  stock-    violation  a 

,     .  .  .  .         misdemeanor. 

holder,  attorney  or  agent  of  any  corporation  or  associa- 
tion which  violates  any  of  the  provisions  of  this  act,  who 
participates  in,  aids,  abets,  or  advises  or  consents  to  any 
such  violation,  and  any  person  who  solicits  or  knowingly 
receives  any  money  or  property  in  violation  of  this  act, 
shall  be  guilty  of  a  misdemeanor. 


Witnesses 
mnst    testify. 


222 


No  person  shall  be  excused  from  attending  and  testi- 
fying, or  producing  any  books,  papers  or  other  docu- 
ments, before  any  court  or  magistrate  upon  any  investi- 
gation, proceeding  or  trial,  for  a  violation  of  any  of  the 
provisions  of  this  act,  upon  the  ground  or  for  the  reason 
that  the  testimony  or  evidence,  documentary  or  other- 
wise, required  of  him  may  tend  to  incriminate  or  de- 
grade him ;  but  no  person  shall  be  prosecuted  or  sub- 
jected to  any  penalty  or  forfeiture  for  or  on  account  of 
any  transact'ion,  matter  or  thing  concerning  which  he 
may  so  testify  or  produce  evidence,  documentary  or 
otherwise,  and  no  testimony  so  given  or  produced  shall 
be  used  against  him  upon  any  criminal  investigation  or 
proceeding. 


CHAPTER  65,  LAWS  OF  1914. 

An  Act  to  authorize  the- Governor  to  make  temporary  ap- 
pointments of  Senators  of  the  United  States  for  this 
State  when  vacancies  occur  otherwise  than  by  the  ex- 
piration of  their  terms  of  office. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey. 

445.  Sec.  I.  The  Governor  of  this  State  hereby  is  au- 
thorized and  empowered  to  make  temporary  appointments 
of  Senators  of  the  United  States  from  this  State  when- 
ever vacancies  shall  occur  by  reason  of  death,  resignation 
or  for  any  cause  other  than  the  expiration  of  their  terms; 
and  such  appointees  shall  serve  as  such  Senators  until  a 
special  election  or  general  election  shall  have  been  held 
pursuant  to  law,  and  the  Board  of  State  Canvassers  can 
deliver  to  their  successors  certificates  of  election. 

2.  This  act  shall  take  effect  immediately. 

Approved  March  26,  19 14. 


3^ 

CHAPTER  197,  LAWS  OF  1914. 

A  Supplement  to  an  act  entitled  "A  supplement  to  an  act 
entitled  "An  act  to  regelate  elections  (Revision  of 
1898)/  approved  April  fourth,  one  thousand  eight  hun- 
dred and  ninety-eight55  which  supplement  was  approved 
April  nineteenth,  one  thousand  nine  hundred  and  eleven. 
Be  it  enacted  hy  the  Senate  and  General  Assetnhly  of 
the  State  of  Nezc  Jersey : 

446.  Sec.  I.  Hereafter,  whenever  any  question  or  pro- 
position shall  be  submitted  to  the  people  of  the  State  at 
any  primary,  special  or  general  election,  there  shall  be 
mailed  to  each  registered  voter  in  the  .same  envelope  with 
the  sample  ballot,  and  in  the  manner  provided  in  the  act 
to  which  this  is  a  supplement  for  the  mailing  of  sample 
ballots  a  printed  copy  of  the  act  of  the  Legislature  or  con- 
stitutional amendment  which  is  so  submitted.  When  the 
act  of  the  Legislature  submitted  is  an  amendment  or  sup- 
plement to  a  statute  of  this  State,  there  shall  be  printed 
and  mailed  to  each  registered  voter  as  hereinbefore  pro- 
vided, in  addition  to  the  copy  of  the  act  submitted,  such 
portion  of  the  statute  to  which  the  same  is  an  amendment 
or  supplement  as  shall  be  necessary  to  clearly  disclose  to 
the  voter  the  relation  of  the  act  submitted  to  the  exist- 
ing statute  law.  W^hen  a  constitutional  amendment  is  sub- 
mitted, there  shall  be  printed  and  mailed  to  each  regis- 
tered voter  as  hereinbefore  provided,  in  addition  to  the 
copy  of  the  constitutional  amendments  submitted,  such 
portion  of  the  constitution  as  shall  be  necessary  to  clearly 
disclose  to  the  voter  the  relation  of  the  amendment  sub- 
mitted to  the  existing  constitution.  Whenever,  under  the 
provisions  of  this  act,  it  shall  be  necessary  to  mail  to  the 
voters  any  portion  of  the  statute  law  of  the  State,  or  any 
portion  of  the  State  constitution,  it  shall  be  the  duty  of 
the  Attorney-General  to  designate  by  writing  filed  with 
the  Secretary  of  State  what  portion  of  the  statute  law 
or  State  constitution  shall  be  so  printed  or  mailed.  The 
Attorney-General,  in  place  of  or  in  addition  to  designat- 
ing any  portion  of  the  statute  law  or  State  constitution  to 


224 

be  so  printed  and  mailed,  may  if  he  deem  proper  make  a 
summary  statement  of  the  existing  law  or  constitutional 
provisions  upon  the  subject  so  far  as  necessary  to  inform 
the  voters  of  the  effect  which  the  adoption  or  rejection  of 
the  question  or  proposition  submitted  to  them  will  have 
upon  said  statute  law  or  State  constitution,  and  the  mail- 
ing of  such  summary  statement  shall  be  a  compliance  with 
the  provisions  of  this  act.  Whenever  an  amendment  to  the 
constitution  or  to  a  statute  is  mailed  as  aforesaid,  such 
part  thereof  as  is  new  and  is  not  contained  in  the  then 
existing  constitution  or  statute  shall  be  underscored,  and 
if  any  portion  of  the  existing  law  or  constitution  is  to  be 
omitted  in  the  proposed  amendment,  such  portion  shall  be 
enclosed  in  brackets  in  the  printed  copies  of  the  existing 
law  or  constitution  so  mailed;  and  there  shall  be  annexed 
a  note  explaining  the  significance  of  the  brackets  and  un- 
derscoring. 

447.  The  Secretary  of  State  shall  cause  to  be  printed, 
and  at  least  ten  days  before  any  primary,  special,  or  gen- 
eral election  at  which  any  question  or  proposition  is  to 
be  submitted,  shall  deliver  to  each  county  clerk  a  number 
of  copies  of  the  printed  matter  to  be  mailed  as  hereinbe- 
fore required,  at  least  twenty  per  centum  greater  than 
the  number  of  registered  voters  in  the  county.  Each  coun- 
ty clerk  shall  notify  the  Secretary  of  State  of  the  number 
of  copies  required  for  his  county. 

448.  The  boards,  bodies  or  officers  now  charged  with 
the  duty  of  defraying  the  expenses  of  conducting  primary, 
special,  and  general  elections  shall  pay  any  additional  ex- 
pense made  necessary  by  or  provided  for  in  this  act. 

449.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

5.  This  act  shall  take  efi-ect  immediately. 

Approved  April  15,  1914- 


2.2 


New  Jersey  Constitution. 


ARTICLE  II. 

Right  of  Suffrage. 

450.  Sec.  I.  Every  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  who  shall  have  been  a 
resident  of  this  State  one  year,  and  of  the  county  in  which 
he  claims  his  vote  five  months,  next  before  the  election, 
shall  be  entitled  to  vote  for  all  officers  that  now  are  or 
hereafter  may  be  elective  by  the  people;  (a)  provided, 
that  no  person  in  the  military,  naval,  or  marine  service 
of  the  United  States  shall  be  considered  a  resident  in  this 
state  by  being  stationed  in  any  garrison,  barrack,  or  mili- 
tary or  naval  place  or  station  within  this  state;  and  no 
pauper,  idiot,  insane  person  or  person  convicted  of  a 
crime  which  now  excludes  him  from  being  a  witness,  un- 
less pardoned  or  restored  by  law  to  the  right  of  suffrage, 
shall  enjoy  the  right  of  an  elector;  (&)  and  provided 
further  that  in  time  of  war  no  elector  in  the  actual  mili- 
tary service  of  the  state,  or  of  the  United  States  in  the 
army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district ;  and  the 
legislature  shall  have  power  to  provide  the  manner  in 
which,  and  the  time  and  place  at  which,  such  absent  elec- 
tors may  vote,  and  for  the  return  and  canvass  of  their 


(a)  Tbe  residence  required  to  entitle  a  person  to  vote  means  his 
fixed  domicile  or  permanent  home,  and  as  not  changed  or  altered  hy 
his  occasional  absence  with  or  without  his  family.  Cadicalader  v. 
Boicell,  3  Harrison  13S. 

(6)  The  above  constitutional  provision  was  adopted  m  1S44.  At 
that  time  the  statute  disqualifying  witnesses  provided  "that  no  person 
who  shall  be  convicted  of  blasphemy, "  treason,  murder,  piracy,  arson, 
rape,  sodomy,  or  the  infamous  crime  against  nature,  committed  with 
mankind  or  with  beast,  polygamy,  robbery,  conspiracy,  forgery,  or 
larceny  above  the  value  of  six  dollars  shall  in  any  case  be  admitted 
as  a  witness  unless  he  or  she  be  first  pardoned  ;  and  no  person  wno 
shall  be  convicted  of  perlury.  or  of  subornation  of  perjury,  although 
pardoned  for  the  same,  shall  be  admitted  as  a  witness  in  any  case." 


226 


votes  in  the  election  districts  in  which  they  respectively 
reside,     (a) 

451.  Sec.  2.  The  legislature  may  pass  laws  to  deprive 
persons  of  the  right  of  suffrage  who  shall  be  convicted  of 
bribery. 


(a)  Tho  right  to  vote,  secured  by  the  constitution,  can  only  be- 
come operative  by  legislation ;  and  any  reasonable  legislative  regula- 
tion for  the  purpose  of  securing  an  enforced  secrecy  of  the  ballot  is 
not  a  deprivation  of  a  right  to  vote.  Hansom  v.  Black,  23  Vroom 
446.  School  trustees  are  officers  within  this  article  of  the  constitu- 
tion, so  that,  if  they  are  made  elective  by  the  people,  only  male 
citizens  can  vote  for  them.  Kimhall  v.  Hindec,  28  Vroom  807.  A 
statute  cannot  confine  the  right  to  vote  for  road  commissioners  to  the 
freeholders  of  the  district,  nor  extend  it  to  females  or  to  non-residents 
of  the  district.  Allison  v.  Blake,  28  Vroom  G.  An  election  held  in 
accordance  with  a  statute  which  prohibits  from  voting  a  large  class 
of  persons  having  a  constitutional  right  to  vote,  does  not  confer  a 
legal  title  to  the  officx;  upon  the  person  elected.  Allison  v.  Englewood, 
2fl    Vroom.   140. 


INDEX  TO  ELECTION  LAW. 


Acceptance  of  nomination   required,   section  301. 

Adjournment  of  county  canvassers,  proceedings   on,   sections    105.    107. 
election  boards  during  election  day,  section  4. 

not  to  be  had  after  election  until  votes  are  counted,  section  89. 
proceedings  on   adjourning  before  close  of  election,   section   tt. 
Affidavits   for  registration  of  voters   to   be   filed,   sections   z^,    35- 
to  secure  registry  of  voters,  sections  23,  24,  26,  32,  35. 
election  board  may  take,  section   16. 
registration  by,   when  not  allowed,   section  402. 
registration  by,   sections   381,   382,   403,   485. 
Agents   allowed  within  railed   inclosure,   when,   section   63. 
appointment  of,  for  polling  places,  section  63. 
authority   of,  as   challengers,   section   63. 
number   of,   section   63. 

permits  to,  delivered  to  board  of  election,  section  63. 
permits  to,  issued  by  county  boards  of  election,  section  63. 
primary  elections  section  264. 

written  appointments  of,  filed  with  county  board,  section  (>z. 
Alien,  oath  of  person  challenged  as,   section  tz- 
Alternate-at-large,  how   nominated.,   section    320. 
petition,    section   320. 

number  cf  names  required  on   petition,   320. 
procedure,   section   320. 

how   grouped   on   primary   ticket,   section    322. 
how   printed    on   primary   ticket,    section    322. 
Amending  certificates  and  petitions  of  nominations,  section  235. 
Annual  general  election,   held   when,  section    i. 

in  every  city,  town,  borough,  &c.,  held  when,  section  2. 
Arrest,  freedom  from,  on  civil  process  on  election  day,  section  70. 

persons  selling  liquor- on  election  day,  section   194. 
Assemblyman,    statement   by,   relative    to   U.    S.    Senator,   section    341. 
Assembly,  general,  see  General  Assembly. 

Assistant  to  blind  or  disabled  voter  not  to  reveal  for  whom  he  voted,  section  368. 
Attorney  general  to  designate  printing  of  statutes  for  special  election,  section  446. 

{227) 


228 


B. 

Ballot-boxes,  poll-list,  &c.,  deposited  in,  after  election,  section  99. 

by   whom   furnished,   sections    60,    369. 

constructed   how,    sections   60,    369. 

contents  of,  preserved  how,  section   100. 

custody    of,    after    election,    sections    99,    100. 

custody  of,  during  adjournment  on  election  day,  section  TT. 

deposited  where,  in  cities,  section  99. 

exhibited    before    receiving    votes,    section    66. 

keys   of,   custody   after   election,   sections   dT,    369. 

keys  of,   custody   curing   election,   sect  ons   65,   369. 

located  within  rail  inclosure,  section   78. 

penalty  for  obstructing  officers  carrying  to  city  clerk's  office,  sec- 
tion  10 1. 

poll-book,  deposited  in,  on  adjournment  before  and  after  close  of 
election,  sections   dy,    77,   99. 

primary   elections,   for,   section    60. 

provided  and  kept   in  repair  by  whom,   sections  60,   369. 

public  view  of,  during  adjournment,   section   77. 

record  of  receipt  of,  kept  by  city  clerk,  section  99. 

robbing,  penalty  for,  section   190. 

Ballots,    arrangement    of    names    of    candidates    for    president    and    vice-president, 
section  360. 
arrangement,  when  candidate  voted  for  more  than  once,  section  360. 
black  ink  or  pencil  must  be  used  in  writing  names  on,  sections  59,  85. 
canvassed,  how,  see  Canvass  of  votes. 
considered  void  in  part,  when,  section  92. 
considered  void  totally,  when,  sections  58,  59,  85,  91,  92. 
how  counted  as  to  questions  or  propositions,  printed  on,  section  363. 
county   clerk   to   provide,   when,   section    364. 
county   clerk   to    prepare,   section    287. 
coupon   on,   section   362. 
deficiency  of,  supplied  how,  section  55. 
delivered   to   board   of   election,   section    54. 
delivered  to  clerk  of  election,  section  54. 
delivered  to  township   or  municipal  clerks,  section   54. 
delivered  in  sealed  packages,  section  54. 

deposited  in  box  after  board  decides  to  receive  them,  sections  68,  76, 
deposited  in  box  with  poll-list,  &c.,  after  election,  section  99. 
destruction    of,    proceedings    in    case    of,    section    55. 
disposition   of   spoiled  ballots,   section   400. 
distinguishing   marks   on,   prohibited,    section   85. 
distr  bution  of,  before  election  day,  section  345. 
effect  of  spoiled  ballot,  section  345. 
error  in  printing,  corrected  how,  sections  53,  257. 
form  of,  section  362. 

form   of,   when   questioned   to   be   voted  on,   section   2>^2>' 
furnished  to  voter  at   election,   section   366. 
if   unused   to   be    returned,    section   ^65. 


229 

Ballots,  loss  or  destruction  of,  proceedings  in  case  of,  section  55. 
marking   ballot,    section    363. 
marks  on,  make  it  void,  sections  58,  367. 
method   of  voting,    section    366. 
mistakes  in,  correction  of,  section  53. 
municipal  clerk  to  provide,   when,   sections  328,  364. 
names  may  be  erased  from,  by  voter,  sections  59,  85. 
names  of  candidates  for  president  and  vice-president  may  be  printed  on, 

section   47. 
names    of    candidates    not    accepting    nomination    not    to    be    printed    on, 

section  42. 
names  of  persons  declining  nomination  not  printed  on,  section  44. 
notification  by  candidate  of  more  than  one  party  by  order  of  designation, 

section  359. 
number   of,   provided   by   county   or  municipal    clerk,   section    361. 
numbers  on,  section  366- 
number  furnshed,   section   361. 
numbering  of,  in  counting  votes,  section  87. 
number  of  ballots  allowed  to  each  voter,   section  345. 
offices  to  be  filled,  section  287. 
official,  when  to  be  used,  sections  85,  234. 
pasters  used  on,  description  of,  sections  59,  85. 
penalty  for  altering  or  destroying,  sections  190,  195. 
penalty  for  altering  indorsement  on,  section   195. 
penalty  for  marking,  section    198. 
penalty  for  removing  from  booths,  section   196. 
penalty  for  showing  within  polling-room,  section  198. 
penalty  for  voting  other  than  official,   section   198. 
plurality  of,   sufficient   to   elect,   section   93. 
preparation   of,   section   287. 
primary,   how   voted,  section   346. 
primary,  form  of,  sections  324,  345. 
primary,   to   be   supplied   by    municipal   clerk   to   district   boards,   section 

325- 
printed  at  public  expense,  section  48. 
printed  five  days  before  election,   section  53. 
proceedings  when  lost,  destroyed  or  stolen,  section  55. 
provided   at   public   expense,    section   48. 
provided  how,  for  local  elections,  section  85. 

questions  or  proposit'ons  to  be  voted  upon,  printed  on,  section  363. 
sample    for   voting    on    constitutional    amendments,    section    446. 
sample,   board   of   registry   and   election   to   mail   sample    ballots,   sections 

334,  364. 
sample,  county  clerk  to  furnish,  section  364. 
sample,  for  national  delegate  convent  on,  form  of,  section  329. 
sample  for  national  delegate  convention,  by  whom  supplied,  section  328. 
sample,  not  to  be  voted,  sections  334,  364. 
sample,  number  of  ballots  each  voter  entitled  to,  section  418. 
sample,  record  of,  section  364. 
sample,    special    elections,    sections    364,   446. 
sample,    supplied  by   munic'pal    clerk,   section   334. 
stamped   envelope  to  be  returned   if  unused,   section   365. 


230 

Ballots,  to  be   receipted   for  by  election   board,    section    365. 
to   be   numbered,   section    362. 
to  be  furnished  at  election  place,  section  361. 
township  election,   for,   section   85. 
unofficial,  use  of,  at  general  elections,  section  55. 
unofficial,  use  of,  at  local  elections,  section  85. 
use  of,  substituted  for  official,  section  55. 

use  at  local  elections,   inclosed  in   official   envelopes,   section   85. 
used  at  local  elections,  pasters  on,   section  85. 
used  at  local  elections,  void  when,  section  85. 
used  at  local  elections,  written  changes  on,  section  85. 
void,  general   provisions   concerning,   sections   91,   92. 
void  if  designated  by  any  mark,  sections  58,  85. 
void   if  ink   or   pencil   other   than   black   be   used   in   writing    names    on, 

sections  59,  85.    . 
void  if  paster  does  not  conform  to  law,  sections  59,  85. 
void,  in  part,  section  92. 

voter  must  receive,  before  entering  booth  or  voting,  sections  80,  420. 
who  may  print,  section  373. 
when  blanket  or  single,  section  358. 

when  candidates'  names,  arranged  alphabetically,  section  359. 
when  party  divided,  section  40. 
Bar-room,  election  not  to  be  held  in,  section  8. 
Betting   on   elections,  prohibition   of,   section    187. 

Blanks  for  election  returns,  &c.,  furnished  by  secretary  of  state,  section  61. 
Blind   voter,   ass'sted   how,    section    368. 
Board  of  county  canvassers,  see  County  canvassers. 

Board  of  election,  addition  of  names  to  registry  by,  on  affidavit,  section  24, 
adjournment  of,   on   election  day,   sections  4,   77. 
all  elections,  to  conduct,  section  64. 
alphabetical    registers,    to    make,    section    23. 
announce  publicly  results  of  election,  section  89. 
appointment    of,    sections    308,    311. 

appointment   of,   in   new   or   altered   districts,   section   31. 
ballot  of  voter  whose  name  has  been  checked,  when  received 

by,   section   82. 
ballot-boxes  in  cities  transmitted  to  the  city  clerk  by,  section  99. 
ballot-boxes  in  townships,  &c.,  where  kept,  section  99. 
canvass  of  returns  national  delegates'  primary,  section  330. 
canvass  of  votes  by,  sections  86  to  93,  275,  367,  421. 
certificate    of    removal    given    by,    section    ^^7. 
certify   returns   to    county   clerk,    section   330 
challenge  of  voters  by,  section  72. 

checked  register  filed  with  county  clerk  by,  section  67. 
civil    service   commisson    to    examine    applicants,    section    310. 
clerks  of,  who  to  be,  section   19. 
compensation    of    members    of,    section    316. 
composed  how,  section  309. 

copy   of   completed    register   filed    with    county   board    by,    sec- 
tion 24. 


231 

Board  of  election,  dates  of  meeting  to  make  and  revise  registers,  sections  21   to 
24,  26  to  29,  37. 
decision   of  majority  is  decision   of,   section   90. 
decision  of,  to  receive  ballot  necessary  before  depositing  it  in 

box,  sections  68,  76,  80. 
dissent  to  decision  of  board  by  a  member,  section  90. 
duty  of,  in  new  or  altered  districts,  section  31. 
duty    of,    on    presentation    of    certificates    of    county    board    of 

elections,   section   25. 
.duty  of,  when  voter  is  challenged,  sections  75,  76. 

erasing   names   from   register,   section    24. 
exhibition  of  ballot-box  by,  section  66. 
hold  and  conduct  all  elections  in  this  state,  section  64. 
how  decide  whether  vote  shall  be  received,  section  76. 

ineligible   for  any  office,  section  84. 
judge  and  inspector  of,  who  to  be,  section   19. 
,  may  examine  persons  as  to  right  to  vote,  section  75. 

meet   in   cities    having   over   5.000    inhabitants,   when,    sections 
21,  333- 

meet   in    all    other    districts,    when,    sections    23,    335. 
meeting  places  of,  section  18. 
members  of,  nominated  by  chairman  of  political  parties,  section 

309- 
names  checked  on  register  on  election  day,  section  67. 
names  of.  signed  to  poll-book,  section  86. 
names  when  stricken  from  register,  section  25. 
new  municipalities,  in,   section   237. 

nominat'ons  for  members  of,  section  309. 

nominees  for,  his  fitness  ascertained,  section  310. 
oath  administered  to  challenged  voters  by,  section   75. 
oath  of  members  of.  section  16. 
oath  administered  by  members  of,  section  16. 
official  ballots  furnished  to  voter  by,  section  80. 
organization  of,  section   19. 
penalty  for  false  registration  by,  section   33, 
penalty  for  refusing  to  enter  names  on  register,  section  33. 
penalty  for  receiving  illegal  votes,  by,  sections  33,   75. 
place  of  meeting,   section   18. 
police   power  of,   sections   83,    186. 
poll-list,  deposited  in  ballot-box  by,  section  99. 

primary  election,  to  canvass  votes,  section  344. 
proceedings    of,   public,   section   32. 

proclamation    by,    on    opening    polls,    section    66. 
registers,   copies,   how   disposed   of,   section   24. 

registers,   made   how,   sections   21    to    24,    335. 
registry  of  voters  by  affidavits,  sections  23,  24,  32,  35. 

removal   from   office   of  member   of.   section   314. 

request   by,    for   detail   of   police   force,    section   83. 

revision  and  correct'ons  of  registers,  made  how,  section  333. 
revision  of  register  for  local  elections,  sections  26  to  29. 
room   for  its  meetings,  to   select  when,   section   8. 


232 

Board  of   election  shall  not  receive  vote   of  person   unless  satisfied  of  his  right 
to   vote,   section   366. 
shall   sign  poll-book,  section  86. 

statement  of  result   of  election  made  by,  sections  94  to   98. 
to  mail   sample  ballots,   section   334. 
term  of,  sections   17,   313. 
time  of  appointing,  section  311. 
time  of  meeting,  sections   21.   2^,   335,   337,   340. 
to   hold   primaries,    section    241. 

transmission  of  copy  of  statement  of  election  to   township  or 
municipal    clerk,    section    96. 
,         transmission  of  statement  of  election  to  secretary  of  state  and 
county  clerk,  section   96. 
vacancy  :n  before  election  day,  filled  how,  section  312, 
vacancy   in,    election    day,    how    filled,    section    17. 
what  elections  to  hold,   section   64. 
Board  of  elections,  see  County  board  of  elections.  • 

Board  of  registry  and  elections,  see  Board  of  election. 
Board  of  state  canvassers,  see  State  canvassers. 
Booths,  see  Election  booths. 

Borough    elections,    manner   of    conducting,    sections    64.    85. 
Boundary  lines,  section  306. 

number   of   voters   in,    section    306. 

creation    and    readjustment    of    new    districts,    section    306. 
by  whom   new   districts   created,   section   306. 
when    new    districts    created,    section    306. 

order  by  Justice  of  Supreme  Court  for  registry  books  in,   sectiois 
306. 
Bribery,   penalty   for,   section   431.     (See  Penalty.) 

C. 

Campaign  contributions  by  insurance  companies  prohibited,  section  332. 
Candidates,    acceptance    of    nomination    by,    sections    42,    244. 

certificates  and  petitions  nominating,  filed  with  whom,  section  4a. 

filling  vacancies,   sections   44,   45,    258,    305,    355. 

form  of  petition  nominating,  section  41. 

independent,  who  considered  to  be,  section  43. 

names  of,  certified  by  county  clerk  to  secretary  of  state,  section  4«. 

names   of,   certified   by   secretary   of   state   to   county   clerk,   sections 

43,   45- 
nominated  by  petition,   sections  41,   290,   295. 
nominated  by  political  party,  section   38. 

nomination    of,   when    former   candidate   has   died   or   declined,    sec- 
tion 45. 
presidential   and  vice-presidential,  included   in   certificate  or  petitioH 

of  nomination,   section  47. 
proceedings  on  declination  of,  sections  44,  45,   305. 
Canvass  of  votes,  made  immediately  after  election,  without  adjournment,  sectioas 
89,   275,  346,  367. 
manner  of  making,  sections  86  to  93,   296,  346,  367. 
open  and  public,  to  be,  sections  89,  346,  367. 


Canvass  of   votes,  proposition  submitted    to   vote   of   people,   section   363. 
void  ballots,   secti6ns  58,   59,  85,   91,  92. 
primary    elections,    section    254. 
Canvassing-books,   blanks,  &c.,  provided   by  secretary  of  state,   section  6x. 
Certificate  of  nomination,  deemed    valid,    when,    section    46. 

filed,    when    and    where,    sections    42,    45. 
form   of,   sections   39,    85. 

objections  to,  made  when  and  how,  section  46. 
objections  to,  passed  on,  how,  section  46. 
open  for  public  inspection,  section  42. 
vacancy,  in  case  of,  section  45. 
Certificates  and  petitions  of  nominations,  amended  how,  section  235. 

filed   when,    section   42. 
filed  with  whom,  sections  42,  290,  293, 

295. 
open   for  inspection   when,   section   42. 
preserved    one   year,   section    42. 
Chairman  of  state  committee,  duty  when  tie  vote  for  governor  or  congressmaa, 

section   344. 
notification  by  secretary  of  state,  section  372. 
Challenge  for  crime,  proven  how,  section  71. 

generally,   oath   in   case   of,   sections   74,   354. 
of  person  as  alien,  section  73. 

questions  to  be  asked  when  voter  challenged,  section  354. 
when   signatures   on   poll-book   and   regstry-book   differ,   section    jsg. 
who  may,  sections  63,  72. 
Challengers,  see  Agents. 

Charter  elections,  blanks  and  books  furnished  by  whom,  section  62. 
candidates  for,  nominated  how,  sections  85,  234. 
canvassed  by  whom,   section    102. 
conducted  by  whom,   section   64. 

copies  of  register  to  be  posted  and  filed,  section  26. 
county  boards  to  meet  when,  section  30. 
date    of   holding,    section    2. 
duties  of  county  boards  concerning,  section  30. 
held  when,   section  2. 
in  villages,  section  238. 

notice  of  registration  to  be  published,  how,  sections   26,  29. 
registry  of  votes  for,  sections  26,  29,  31,  37. 
result   of,  ascertained   how,   section  94. 
Chief  of  police,  when  registry  list  to  be  furnished  to,  section  350. 

when  to  investigate  registry  I'sts,   section   350. 
Chosen  freeholders,  power  of,  to  require  vacancy  in  senate  or  general  aascjaUf 

to  be  filled,  section  133. 
Cities,  charter  elections  in,  when  held,  section  238. 

charter  elections  in,  how   conducted^  section  238. 
officers  in,  terms  of,  sections  239  to  248. 
»  vacancies  in  offices  in,  how  filled,  section  242. 

City  clerk,  duty  concerning  ballot-boxes,  section  99. 

election  blanks   for  local  elections,  to  provide,  section  62. 
furnish   ballots,    when,    sections    290,    292,    336. 


234 

City  clerk,  may  erect  booths,  &c.,  in  street,  section  8. 
notice  of  election,  to   give,  section   7. 

notify  board   of  election   of  location   of  polling-room,   section   8. 
procure  room  for  registering  voters,  &c.,  section  8. 
publish  notice  of  meetings  of  district  boards,  section  28. 
public    description    of   boundary    lines    and    location    of    polling   place, 

section  28. 
record  of  names  of  persons  delivering  ballot-boxes,  to  keep,  section  99. 
record  of  time  of  receipt  of  ballot-boxes,  to  keep,  section  99. 

City  office,  contest  in  case  of,  see  Contested  elections. 

Ciril   service   commission,   applicants   for   members    of  district   board    of   registry 
and    election,    examined    by,    section    309. 
certification   of   result   of   examination,    section    310. 
expenses  of,  and  by  whom  paid,  section  310. 
nominations    for   board    of    election,    to    be    submitted 

to,    sections    309,    310. 
of  what  examinaitions   shall   consist,  section  310. 
qualifications  for  member  of  district  board  of  registry 

and    election,    section    310. 
when    examination    held,    section    310. 
Clerks  of  election,  copies  of  registers  posted  by,  section  24. 

copy  of  completed  register  filed  with  city,  township  or  munici- 
pal clerk   by,   section   24. 

delivery  of  ballots  and  envelopes  to  board  of  election  by,  sec- 
section  54. 
duties  of,   on  election  day,   section   67. 

for  local  election,  notice  of  revision  of  register  given  by,  sec- 
tion  29. 
who    to    serve    as,    section    19. 
Commission  of  messenger  sent  for  missing  statement  of  election,  sections  106,  124. 
Compensation  of  officers,   sections   179,    316. 
Congress,   see  House  of  Representatives. 

contested  election  of  members  of,  see  Contested  elections. 
Congressional   districts,    creaton   of,   section   239. 

representatives   for,   elected    when,   section    182. 
represented   how,    section    182. 
Constables,  duty  to  arrest  persons  selling  liquor  on  election  day,  section   194. 
Contested  elections,   county  and  municipal  officers  in  case  of — 
appeal   to   supreme   court,   section    175. 
bond   of  contestant  to   incumbent,   section    166. 
circuit   court,   jurisdiction    of,   section    162. 
commenced    by   petition,    sections    162,    166. 
contents   of   petition   in,   section    167. 
costs  of,  who  responsible   for,   section    172. 
grounds  of  contest  in,  section   163. 
judgment  of  court  in,  effect  of,   section   173. 
,_  judgment   of  court  in,   enforced  how,   section    174. 
jurisdiction  of  circuit  courts   in,  section   162. 
jury  trial  in,   not  to  be  had,   section    169. 


235 

Contested  elections,  manner  of  proceed'ng  in,  section   169. 

meaning  of  "incumbent"   in,   section    16.  , 

mode  of  enforcing  judgment  on  appeal,  section   177. 

notice  of  trial   of,   section    167. 

petition  in,  copy  to  be  ser^-^ed,  section   167. 

petition   of  contestant  in,   sections   162,   166,   167. 

power  of  court  to  compel  witnesses  in,  section  170. 

precedence  of  appeal  in,  section   176, 

recognizance  on  appeal  in,  section   175. 

time   of  trial  in,   sections   167,   168. 

time  within  which  appeal  may  be  taken,  section  175. 

what  misconduct  will  set  aside  election  in,  section  165. 

twhat  questions   witness   may  be  required   to   answer,  section 
171. 
when  petition  in  must  be  filed,  section   162. 
Governor,  in  case  of — 
committee   to   try.   fees  and   expenses   of,   paid   how,   section 
committee   to   try,   mode  of  conducting  proceedings  by,   sec- 
tion 151. 
committee   to   try,    organization   of,   section    147. 
committee   to   try,   powers   of,   section    149. 
committee  to  try,  reports  of,  section   150. 
committee  to  try,  selection  of,  sections  X44,  i4S,  146. 
H  committee  to  try,  vacancy  in,  filled   how,  section   147. 

^B'  committee  to  try,  when  to  meet,  section  145. 

^B  committee  to  try,  when  to  sit,  section   148, 

y  meeting  of  both  houses  of  legislature  in  case  of,  section  143. 

■  notice    of,    sections    141,    143. 

K  oath   of  members   of  committee  to   try,   section    145. 

K  petition  in  case  of,   section    142. 

^3  Legislature  and  congress,  in  case  of — 

attachment  of  witnesses  for  non-attendance,  section   158. 

depositions  in,  notice  of  taking  to  be  given,  section  155. 

depositions  in,   transmitted  to   whom,   section    157. 

depositions   in,   how   taken,   sections    154,    156. 

notice  of  intention  to  contest,  section   153. 

witnesses  in,  how  subpoenaed,  section   154. 

witnesses  in,  penalty   for  non-attendance,   section    158. 

Contributions  by  insurance  companies  prohibited,   section  444. 

Convention  of  delegates,   defined,   sections  38,  242. 

name  or  title  of,  in  case  of  d'vision  of  party,  section  40. 

Convention,    state,    how    composed,    section    370. 

when   and   where   held,   section   370. 

who   may   call,   section   370. 

to  nominate   presidential   electors,   section  430. 

Coroner,    certain    offices    not    to    hold,    section    184. 
elected  when,  section  6. 
term  of,   section  6. 
vacancy  in  office  of,  filled  how,  section   139. 


236 


Corrupt  practices- 


Abduction,  unlawful   to  use  to   effect  voting,   section   414. 

penalty  for,  section  414. 
Aqueduct,  company   not   to  contribute,   section  400. 

advertising,  when   may   be   solicited,   section   399. 

arrest,   money   not   to  be   furnished   to   avoid,   in   consequence  ©f 

crime   against   franchise,   section  403. 
attorney,  when  it  may  be  lawful  by  citizens  to  assist  prosecutor 
of  the  pleas,  section  416. 
Badge,  only  that  furnished  by  county  board  to  be  given,  section  456. 
Ballot,  changing,  penalty,  section  407. 

election  officer  not  to  disclose  name  of  voter,  section  415. 
when  election  officer  not  to   open,   section  415. 
Bank,   not  to   contribute,   section  400. 

Benevolent  order,  contribution  by  member  of,  section   397. 
Betting,  candidate  may  not,  on  election,  section  411. 

voter   may  not,   on  election,   section   411. 
Board  and  lodging,  not  to  be  furnished  to  procure  votes,  section  403. 
Bribery,  funds  not  to  be  furnished  for,  section  403. 
Campaign  fund,  who  may  not  contribute,  section  400, 

received  and  expended  by  committee,  section  379. 
contribution   to   be  by   public   officeholder,   section   397. 
contribution    by    member    of   benevolent    association,   sectiea 

397. 
contribution  by  holder  of  appointive  office,  section  397. 

Candidate,  when   expenditure  considered  that  of,   section   390, 

amount  of  expenditures  that  may  be  incurred,   section  389. 
not  to  furnish  money  for  acts  contrary  to  election  laws,  secti<>« 

395. 
not  to   furnish  money  for  commission  of  crime  against  electire 

franchise,  section  395. 
not  to    furnish  money   for  colonizing,  section   395. 
not  to   furnish   money  for  hindering  voters,   section   395. 
not    to    furnish    money    for    making    payments   after    time    Hmk, 

section    395. 
disclaimer  by,  of  payment,  section  382. 
to  file  names   of  persons  to   receive,  expend,   audit  and   disbwree 

money,    section    379. 
to    appoint   a   treasurer,   section   379. 
may   contest  result   of  election,  section   418, 
penalty  for  failure  to  file  statement,  sections  384,  412. 
penalty  for  false  statement,   section   384. 
statement,    where  filed,   section   383. 
time    extended,    section    429. 

when  set  aside,   not  to  fill  vacancy,   section   422. 
effect  of  appointment  to  fill  vacancy,  section  422. 


237 

Candidate,    penalty    for   procuring   unlawful    expenditure   by    campaign    com- 
mittee,  section  417, 
withdrawal   of,  money   not  to  be  paid  to  procure,  section  403. 
not  to  bet  on  election,  section  411. 
to    file   personal    statement,    section    381. 
Corrupt  practices — 

Charitable,   or   religious   organizations,    solicitation  by,   for   contribution,   sec- 
tion 398. 
Club  or  organization,   solicitation  by,   for  contribution,   section   399. 
Colonizing,  money  not  to  be  furnished  for,  section  395. 
Committee   appointed   to    receive   and   expend   campagn   funds,   sections   379, 

380. 
Contribution  to  campaign  fund,  who  may  not  contribute,   section  400. 
Contribution  not  to  be  made  to  restrain  voting,  section  403. 

not  to   be  made   by   co-operative  bank,   section   400. 
not  to   be   made  by  trust  company,   section  400. 
not  to  be  made  by  trustee,  section  400. 
not   to   be   made  by   street   railway   company,   section  400. 
not  to  be  made  by  telephone  company,  section  400. 
not  to  be  made  by  telegraph  company,  section  400. 
not   to  be   made   by   gas   company,   section   400. 
not  to  be  made  by  electric  light  company,  section  400. 
not  to  be  made  by  heat  and  power  company,  section  400^ 
not  to  be  made  by  canal  company,   section   400. 
not  to  be  made  by  corporation,  section  400. 
Corporation,  not  to  threaten  or  use  force  to  effect  voting,  section  414. 
penalty  for,  section  414. 
action  against  for  violation,  section  421. 
Delegate,  money  not  to  be  paid  for  endorsement  by,   section  403. 

not  to  receive  money,  etc.,  in  consideration  of   endorsement,  sec- 
tion 404. 
ETlection   officer,   neglect,   penalty   for,   section    409. 

not  to  open  ballot  nor  disclose  name  of  voter,  section  415. 
Election  returns,  changing  or  mutilating,  penalty,  section   407. 

contest    for  violation,    defense,    sections   473,    418,   419. 
Employer,  not  to  threaten  employe  as  to  voting,  section  468. 
pay  envelopes,  section  414. 
hand-bills,   section  414. 
Employment,   not   to   be   given   to   restrain   voting,   section   403. 
Expenditure,   when   considered   that   of   candidate,    section   390. 
amount   allowed   candidate,    section   389. 

for  candidate,  to  be  made  only  through  committee,  section  394, 
when   allowed   for   transportation,   section   391. 
for  certain   purposes   prohibited,   section   391. 
Elxpenses,  campaign,  how  disbursed,  section  379. 
committee  to  be  appointed,  section  379. 
when  paid,  section  385. 
how  paid,  section  385. 
how  claims  for  presented,  section  385. 
penalty  for  violation,  section  385. 


238 

Corrupt  practices — 

Force,  unlawful  to  use  to  effect  voting,  section  414. 

penalty  for  force,  section  414. 
Gift,  not  to  be  made  to  restrain  voting,  section  403. 
Hand-bill,  what  may  not  contain,  section  414. 
Interference,  unlawful  to  use  to  effect  voting,  section  414. 

penalty  for,  section  414. 
Judge  of  the  court  of  common  pleas,  presentation  of  claims  to,  section  386. 
when  allowance  for  expenditure  for  transportation  may  be  made,  sec- 
tions 391,   392. 
proof  of  necessity  of  transportation,  section  392. 
Loan,  not  to  be  made  to  restrain  voting,  section  403. 
Money,  not  to  be  used  to  secure  election,  section  388. 

not  to  be  received  to  affect  vote,  section  404.  ] 

not  to  be  received  to  refrain  from  voting,  section  404.  ! 

not   to    be    received    in    consideration    of    endorsement    by    delegate,  ^ 

section  404. 
not  to  be  furnished  by  candidate  for  following  purposes : 
for  acts  contrary  to  election  laws,  section  395. 
for  commission  of  crime  against  elective  franchise,  section  395. 
for  colonizing,  section  395. 
for  hindering  voters,  section  395. 
for  withdrawing  candidate,  section  395. 
.  for  making  payments  after  time  limit,  section  395. 
Name  of  contributor  to  be  given,  section  396. 
Pay  envelopes,  what  not  to  be  printed  on,  section  414. 
Penalty,  for  failure  of  candidate  to  file  statement,  section  384. 

for  procuring  unlawful  payment  by  campaign  committee,  section  417. 
Polls,  attendance  at  not  to  be  paid  for,  section  401. 

Printed  matter,  to  contain  name  of  person  causing  publication,  section  387. 
Prosecutor  of  the  pleas,  when  to  prosecute  violations,  section  416. 

penalty  for  failure  to  prosecute,  section  416.  • 
when   citizen    may   employ   attorney   to   assist   prose-    . 
cutor,  section  416.  '= 

powers  of  associate  counsel,  section  416. 
Public  office,  holder  not  to  contribute  to  campaign  fund,  section  397. 
Registration,  false,  person  registered  not  to  permit,  section  405, 
Repeating,  penalty  for,  sections  408-409. 
Restraint,  unlawful  to  use  to  affect  voting,  section  414. 

penalty  for,  section  414- 
Savings  banks,  not  to  contribute,  section  400. 
Statement,  by  candidate,  where  filed,  section  383. 

by  candidate,  time  for  filing,  how  extended,  section  429. 
by  other  offices,  where  filed,  section  383. 
penalty  for  failure  to  file  statement,  section   384. 
penalty  for  false  statement,  section  384. 
penalty  for  failing  to  file  by  candidate,  section  412. 
penalty  for  failing  to  file  by  treasurer,  section  413. 
Statement  of  campaign  expenses,  filed  by  treasurer  of  committee,  section  380. 

filed  by  candidate,  section  381. 
Threats,  unlawful  to  affect  voting,  section  414. 
■  penalty  to  affect  voting,  section  414- 


I 


239 

Corrupt  practices — 

Transportation,   when   furnished,   391. 

by  application  to  judge  of  common  pleas,  section  392. 
proof  of  necessity  of,  sections  391-392. 
Voter,  not  to  bet  on  elections,  section  411. 
Voting,  fraudulently,  penalty,  section  407. 
Watchers,  when  may  be  employed,  section  39  r. 
Witness,  who  competent,  section  419. 

attendance  may  be  compelled.  419. 
immunity  to,  section  419. 
Counting  votes,  see  Canvass  of  votes. 
County  board  of  elections,  appointment  of,  section   13. 

appointment  of  boards  of  registry  and  election  by, 

section  31. 
canvass  of  charter  elections  by,  section  102. 
clerk  of,  his  compensation,  section  180. 
compensation  of,  section  180. 
constituted  how,  section  13. 
delivery  of  registry  lists  to  city  clerk  by,  sectioa 

27. 
delivery    of    registry    lists    to    county    clerk,    sec- 
tion   281. 
meetings  to  add  names  to  and  erase  names  from 

registers,  sections  25,   336. 
members  of,  nominated  how,  section  13. 
new  municipalities,  duties  in,  section  237. 
oath  of  members  of,  section  16. 
oaths  administered  by  members  of,  section  16. 
office  provided  for,  section  13. 
organization  of,  section  14. 
revision  of  registers  by,  sections  25,  30,  336. 
term  of  members  of,  section  13. 
time  of  appointment  of,  section  13. 
to  issue  permits  for  agents  or  challengers,  section 

to    select    from    eligible    list    members    of    district 

board,   section  310. 
to  sit  as  a  county  board  of  canvassers,  section  102. 
vacancy  in,  filled  how,  section   13. 
voter  may  appeal  from  county  board  to  judge  of 
common  pleas,  section  336. 
County  canvassers,  adjournment  of,  section   105. 

board  of,  constituted  how,  section  102. 
county  board  of  elections  to  be,  section  102. 
clerk  of,  in  absence  of  county  clerk,  section  104. 
clerk  of,  oath  of,  section  104. 
clerk  of,  who  shall  be,  sections  102,  104. 
constituted  how,  section  102. 
decision  of  majority,  effect  of,  section  117. 
—  determination    of,   concerning   persons    elected    to   senate, 

general  assembly  or  county  or  city  office,  sections    1 1 1 
to  113. 


240 

County  canvassers,  determination  of,  filed  where,  section   iii. 
determination  of,  form  for,  section   112. 
dissent  of  member  of,  made  how,  section   117. 
form  of  certificate  of  determination  by,  section   112. 
majority  of  members  of,  constitute  board  of,  section  105. 
meet  when  and  where,  section  103. 
police,  power  of,  section   186. 

proceedings  on  adjournment  of,  sections  105,   107, 
proceedings  to  be  public,  section   117. 
statements  by,  filed  with  secretary  of  state  and  county  and 

city  clerks,  sections  no,  275. 
statements  of  result  of  election  to  be  made  by,  sections 

108,   109. 
when  and  where  to  meet,  section  103. 
who  to  be,  section  102. 

County  clerk,  ballots  provided  by,  sections  49,  291. 

ballots,  to  deliver  to  township  and  municipal  clerk,  section  54. 

certified  copies  of  determination  of  county  canvassers,  to  fur- 
nish  to  persons   elected,   sect  ons    114,   275. 
certified  copies  of  determination  of  county  canvassers,   to   fur- 
nish to  secretary  of  state,  sections  114,  275. 

clerk  of  county  canvassers,  sections  102,   103. 

compensation   and   fees   of,   how   determined   and  paid,   section 
179. 

copy  of  registry  list  to  be  filed  with,  section  350. 

determination  of  county  canvassers,  to  file,  section  in. 

distribution  of  election  blanks,  &c.,  by,  section  61. 

elected  when,  section  6. 

election  blanks,  &c.,  furnished  to  board  of  registry  and  election 
by,  sections  49,  51,  54,  61. 

expenses  of,  paid  by  whom,  section   180, 

missing  statements  of  election,  to  obtain,  section   106. 

nomination  to  certify  to  secretary  of  state,  section  42. 

notice  of  election  of  sheriff,  coroners,  county  clerk,  register  and 
surrogate,  to  give,  section  6. 

notice  of  election  of  electors,  governors  and  senators,  to  give, 
section  5. 

notice  of  election  to  fill  vacancy  in  the  legislature  or  congress, 
to  give,  section  138. 

record  of  delivery  of  ballots  to  keep,  section  54. 

statements    of    election,    to    produce    before    county    canvassers 
sections   103,   106. 

statements    of    elections,    during    adjournment    of    county   can- 
vassers, to  keep,  section  107. 

to  furnish   sample  ballots,  section  364. 

to  attend  sessions  of  court  of  common  pleas,  section  284. 

to   certify   to   secretary   of   state   return   of   national   delegates' 
convention  primary,  section  330. 

to  certify  candidates  for  governor  and  congressman,  section  343. 

to  certify  to   secretary  of  state  results  of  primary  election  for 
governor   and   congressman,   section   344. 


241 

County  clerk,  vacancy  in  office  of,  filled  when  and  how,  section  323, 

when    to   send   to   municipal   clerks   list  of   names   on   primary 

ticket,  section  323. 
when  to  deliver  identification  statements  to  district  board,  sec- 
tion 355. 
County  collector,  to   sue  persons  failing  to  transmit  statement  of  election  to 

county    clerk,    section    97. 
County  committee,  when  to  take  office,  section  371. 
how  elected,  section  245. 

annual    meeting   of,   when   held,    section    371. 
chairman  of,  duty  to  nominate  members  to  district  boards 

of  elections,  section  309. 
chairman  of,  how  selected,  section  371. 
filling  vacancies,  section  305. 
municipal    clerk   to    issue   certificate    of   election   to    each 

member  of,  section  zi^- 
to  appoint  agents  or  challengers,  section  dT^. 
County  office,  contest  in  case  of,  see  Contested  elections. 
County  registers,  vacancy  in  office  of,  filled  when  and  how,  section  139. 
Crime,  when  it  disqualifies  a  voter,  section  71. 
Crimes,  188  to  213,  328,  431.     (See  also  Penalties.) 

D. 

Declination  of  nomination,  proceedings  in  case  of,  sections  44,  45. 
Delegate  at  large,  how  nominated,  section  320. 

how  grouped,  section  322. 

how  printed  on  primary  ticket,  section  321. 

number  of  names  required  on  petition,  section  320. 
Delegates  to  convention,  who  may  vote  for,  section  327. 

registration  by  affidavit  for,  section  382,  327-328. 
Direct  nomination  at  primaries,  section  289. 
Disabled  voters,   assistance  of,  section  368. 
Disfranchisement,    bribery    cause    for,    section    438. 
Dissent  of  member  of  board  of  election,  how  made,  section  90. 

county  canvassers,  how  made,  section   117. 
state  canvassers,  how  made,  section   129. 
District  delegates,  how  nominated,  section  321. 

form  of  petition,  section  321. 

how  grouped  on  primary  ticket,  section  322. 
District,  see  Election  district. 

E. 

Election,  annual,  in  every  city,  town,  borough,  etc.,  held  when,  section  2. 
Election  blanks,  books,  etc.,  furnished  by  secretary  of  state,  section  61. 
Election  blanks,  books,  etc.,  furnished  by  municipal  clerk  for  local  municipal 

special  elections,  section  62. 
Election  booths,    expense  of  providing,  how  paid  for,  section  180. 

furnished  how,  sections  78,  369. 

lighted,  to  be,  section  78. 


242 

Election  booths,  local  elections,  for,  section   85. 

manner  of  constructing,  sections   78,  79. 
*  may  be  erected  in  street,  section  8. 

number  of,  section  78, 

one  person  only  to  enter  at  one  time,  section  78. 
provided  by  township  or  municipal  clerk,  section  78. 
provided  for  local  elections,  section  85. 
railed  inclosure  to  be  about,  section  78. 
supply  of  lead  pencils  kept  in,  section  78. 
Election  districts,  boundary  lines  of,  to  be  filed,  section  307. 
creation  and  readjustment  of,  section  306. 
defined,  section  307. 

new  municipalities  in,  sections  22)7,  306. 
number  of  voters  in,  section  306. 
Election  in  new  municipalities,  see  N ew  municipalities. 
Election  law,  printed  copy  of,  furnished  by  secretary  of  state,  section  61. 
Election  officers,  ineligible  to  what  offices,  section  84. 
Election,  betting  on,  prohibited,  section  187. 
board  of,  see  Boards  of  election. 
contested,  see  Contested  elections. 
effect  of  tie  vote  at,  section  93, 
expense  of,  paid  by  whom,  section  180. 
general,  held  when,  section  i. 
municipal,  see  Municipal  elections. 
newly-created   ward,    sections   237,    237-B. 
not  to  be  held  where  intoxicating  liquors  are  sold,  section  8. 
Elections,  notice  of,  given  l)y  secretary  of  state,  county,  township  and   munici- 
pal clerks,  sections  6,  7. 
open  and  closed,  when,  section  4. 
plurality  of  votes  sufficient  for,  section  93. 
prima  facie  evidence  of  election  to  legislature,  section    115. 
proclamation  on  opening,  section  66. 
returns  of,  signed  by  board  of  election,  section  89. 
result  of,  determined  how.  sections  94.   iii. 
result  of,  to  be  publicly  announced,  section  89. 
rooms,  see  Polling-rooms. 
statement  of  result  of.  section  95.     (See  also  Statement  of  result  of 

election.) 
who  may  vote  at,  sections  3^,  68. 
who  to  conduct,  section  64 : 
writ  of,  see  Writ  of  election. 
Electioneering  within  one  hundred  feet  of  polling  place,  penalty   for.  section 

207, 
Electoral  college,  see  Presidential  electors. 
Electors  of  president   and   vice-president,   chosen   when,   section    3. 

.  persons  in(j;ligible  as,  section  183. 
qualifications  of,  section  3. 
vacancy   in    electoral    college,   how 
filled,   section    132. 
Electors  of  president  and   vice-president,    when   and   where  to   meet,   section 

131, 
nominated  how,  section  430, 


243 


Erasing  names  from  register,  sections  24,  25. 

Error  in  printing  ballots,  correction  of,   section  53. 

Expenses  of  general  and  primary  elections,  how  defrayed,  sections  315,  369. 


Factions  in  political  parties,  names  for,  how  selected,  section  40. 
Fees  of  county  and  municipal  clerks,  section  179. 

of  members  of  boards  of  elections,  sections  270,  316, 

of  officers,  section  180. 

on  recount  of  votes  for  legislature,  how  fixed  and  paid,  section   161. 
Flag,  displayed  at  polling  places,  section  426. 

who  to  furnish,  section  427. 
Federal  employees  may  register  by  affidavit,  section  428. 

G. 

General  assembly,  appointment  of  members  of,  amongst  counties,  section  237. 

election  of  members  of,  section  i. 

prima  facie  evidence  of  election  of  members  of,  section  115. 

sessions  of,  held  where,  section  115. 

vacancy  in,  created  how,  section  134. 

vacancy  in,  filled  how,  section   133. 
General  election,   held   when,   section   i. 

Governor,    appointment  of  county  boards  of  election  by,  section   13. 
contested  election  of,  see  Contested  elections. 
notice  of  election  of,  section  5. 
summon  state  canvassers  when,  section  119. 
primary  election  of,  when  tie  vote  at,  section  344. 
how  nominated,  section  342. 
form  of-  petition,  section  343. 
when  filed,  section  343. 

number  of  voters  to  file  petition,  section  342. 
to  be  certified  to  county  clefk,  section  343. 
vacancies,  procedure,  how  filed,  section  343. 

H. 

Home  or  institution,  effect  of  on  size,  of  election  district,  section  306. 
House. of  representatives,  certificate  of  election  of,  section   130. 

county  clerk  to  certify,  section   343. 

election  of  members  of,  section  182. 

form  of  petition  for  nomination,  section  343. 

members  of,  elected   from  twelve  districts,  section 
239. 

congressman,  how  nominated,  section  342. 

persons  ineligible  as  members  of,  section  183. 

congressman,,  primary  election  of.  when  tie  vote  at, 
section  344. 

vacancy  in,  filled  how,  sections  135,  343. 


344 


I. 

Identification  statements,  how  made,  section  349. 

how  kept,  section  349. 

when  to  be  delivered  to  board  of  elections,  section 
355. 

when  to  be  delivered  to  county  clerk,  section  355. 
Incompatible  offices,  section  184. 
"Incumbent,"  meaning  of,  section  164. 

Indictments,  witnesses  not  excused  from  answering  questions  on  trial  of,  sec- 
tion 213. 
Institution  or  home,  effect  of  on  size  of  election  district,  section  306. 
Instructions,  &c.,  provided  by  secretary  of  state,  section  61. 
Insurance  companies,  political  contributions  prohibited,  section  444. 
Intoxicating  liquor.     (See  Penalty.) 


Judge  of  circuit  court,  power  to  transfer  voter  to  another  district,  section  411. 
Judge  of  court  of  common  pleas,  compensation  of,  section  285. 

power  to  review  appointment  to  district 
board,  sections  310,  311. 

power  to  fill  vacancies,  section  312. 

right  to  appoint  to  district  board,  section 

314- 
power   to   transfer   voter    to    another   dis- 
trict, section  357- 
when  may  review  action  of  county  board 

of  elections,  section  336. 
petition  to,  in  case  of  appointment  to  dis- 
trict board,  section  314. 
procedure  under  the  petition,  section  314. 
power  to  cancel  appointments   to  district 
board,  section  314. 
Justices  of  the  supreme  court,  compensation  of,  section  285. 

duty  of  county  clerk,  section  284. 

petition  to,  in  case  of  appointment  to  district 

board,  section  314. 
procedure  under  petition,  section  314- 
power    to    cancel    appointments    to    district 

board,  section  314. 
power  of,  on  recount  of  votes,  sections  159  to 

161. 
power  of,  to   order  corrections  of  errors  in 

ballots,  section  53- 
power  of,  to  hold  court  of  common  pleas  on 
day  preceding  election,  section  279. 
power  of,  to  revise  and  correct  registry  list. 

section  279. 
power  of,  to  hold  court  of  common  pleas  on 
election  day,  section  380. 


245 

Justices  of  the  supreme  court,  power  of,  to  act  in  a  summary  manner,  &c.,  sec- 
tion 282. 
punishment   for   failure    to   comply   with   or3er 

of  court,  section  283. 
right  to  appoint  to  district  court,  section  314. 
when  may  apply  for  registry  books,  section  306. 


K. 


Keys  of  ballot-box,  custody  of,  election,  sections  67,  369. 

custody  of,  during  election,  sections  65,  369. 
deposited    after   election    with    county    clerk,    sections    67, 
369. 


"Legal  voters"  defined,  section  185. 

Legislature,  certain  offices  not  to  be  held  by  members  of,  section  184. 

contested  election  of  members  of,  see  Contested  elections. 

evidence  of  right  to  seats  in,  section  115. 

vacancy  in,  created  how,  section  134. 

vacancy  in,  filled  how,  section  133. 
Local  elections,  sections  85,  234.     (See  also  Charter  elections.) 


M. 

Missing  statements  of  election  obtained  how,  sections  106,  124. 
Municipal  clerk,  ballot-boxes,  to  keep,  section  99. 

ballots  provided  by,  when,  section  364. 

certify  offices  to  be  filled  at  general  election,  section  286. 

compensation  of,  how  determined  and  paid,  section  179. 

delivery  of  ballots  to  registry  or  poll   clerks  by,  section  54. 

election  blanks  for  local  elections,  to  provide,  section  62. 

expenses  of,  paid  how,  sections  180,  315. 

notice  of  time,  place  and  purpose  of  elections,  to  give,  sec- 
tion 7. 

notify    board    of    election    of    location    of    polling-room,    sec- 
tion 8. 

offices  to  be  filled,  section  286. 

municipal  clerk,  polling-rooms,  to  provide,  section  8. 

to  file  description  of  election  district,  section  307. 

to  furnish  sample  ballot,  section  364. 

to  supply  sample  ballots,  section  334. 

what  supplies  to  be  furnished  to  district  boards,  section  325. 

when  to  be  furnished,  section  325. 

when  names  on   primary  ticket  to  be  sent  by  county  clerk, 
section  323. 

duty  to  print  primary  ballots,  section  324. 


246 

Municipal    elections,   conducted  by   whom,   section   64. 
offices   to   be   filled,    section    286. 
provisions  concerning,   section  85. 
time  of  holding,  sections  2,  294. 
see.  also  Neiv  municipalities. 

N. 

Names  of  different  factions  of  parties,  determined  how,  section  40. 

National  convention,  delegates  to,  how  chosen,  section  317. 

New   municipalities,   provisions   concerning  first   election   in,    sections    237   to 

Newspapers,  notice  of  registration  and  primary  election,  published  in  what. 

sections  7,  28,  275. 
Nominating  body   of  political  party,   defined,   sections   38,   242. 

may  appoint  committee  to  fill  vacancies, 

section  45. 
name  or  title,  how  to  determine  in  case 
of  factions,  section  40, 
Nomination  of  candidates,  by  petition,  sections  41,  290. 

to  fill  vacancy  in  legislature,  section  274. 

by  political  party,  section  38. 

certificates  or  petitions  of,  filed  when  and  where, 

section  42  ;  amended  how,  section  235. 
certified   how,    sections   39,   41. 
made  by  whom,  sections  38,  41. 
objections  to  certificates  of,  section  46. 
vacancies  created  by  death,  &c.,  may  be  filled  by 

committee,  sections  45,  355- 
when  required  to  be  made  by  petition  or  certifi- 
cate, sections  85,  234. 
Nominations,  certified  by  secretary  of  state  to  county  clerk,  sections  43,  45. 
Nominee,  name  of,  not  printed  on  ballots  if  he  decline,  section  44. 

proceedings  on  declination  of,  sections  44,  45. 
Notice  of  elections,  by  whom  given,  sections  5  to  7. 

Notice  of  election  and  registry,  published  in  what  newspapers,  section  7. 
Notice  of  application  to  erase  name  from  register,  section  25. 

o. 

Oaths,    when    challenged,    sections    7Z,    74- 

at  primary  elections,  section  337. 

of  members  of  county  and  district  election  boards,  section   16. 

who  may  administer,  section   16. 

filed  where,  section  16. 
Objections  to  certificates  of  nomination,  section  46. 
Office,   vacancy    in,    resulting    from    tie   vote,    section    93. 

who  deemed  elected  to,  section  93- 
Official  ballots,  see  Ballots. 
Officers'   fees,  section   180. 
Offices,  incompatible,  section  184.  ' 


247 


Packages  of  ballots,  sealed  and  delivered  how  and  when,  section  54. 
Pasters  used  on  ballots,  description  of,  sections  59,  85. 
Paupers  not  entitled  to  vote,  section  450. 

Penalty,  advancement  or  payment  of  money  or  other  valuable  thing  for  bri- 
bery, section  278. 

agreement  to  receive  money  or  employment  for  voting  or  refraining 
from  voting  or  registering,  sections  205,  278. 

altering  or  destroying   statement   of   determination  of   election,   sec- 
tions 190,  278. 

ballot-box  robbing,  sections  190,  278. 

ballots,  destroying,  &c.,  sections   190,   195,  278. 

board  of  election  signing  false  statement,  section  278. 
bribery,   sections   219,  431. 

bribing  delegates,  sections  218,   278. 

bribing  persons  to  vote  or  refrain  from  voting   or  registering,  sec- 
tions 202,  203,  431. 

compulsory  testimony,  section  436. 

conspiracy  to  induce  voters  to  mark  ballots,  sections  200,  278. 

county  canvassers,  unlawful  acts  of  chairman  or  clerk  of,  section  278. 

destroying  registry  list,  sections  209,  278. 

disfranchisement  of  voter;  when,  sections  212,  278. 

electioneering  within  one  hundred  feet  of  polls,  sections  207,  278. 

employment,  &c.,  promise  of,  to  voter,  sections  203,  278,  323,  438. 

failure  to  transmit  statement  of  election  to   county  clerk,  &c.,  sec- 
tions 97,  2TJ 

false  registration  of  voters,  sections  33,  34,  278. 

false  swearing,  sections  188,  278. 

falsely  personating  a  registered  voter,  sections  34,  278. 

falsely   making  or   altering   certificate  of  nomination   or  ballot,   sec 
tions  195,  278. 

falsely  swearing  to  affidavit  of  registration,  sections  35,  278. 

gift,  loan  or  promise  made  to  vote,  section  438. 

giving  ballots  to  other  than  county  or  municipal  clerks,  by  printer, 
sections  199,  278. 

inducing  person  to   vote  or  refrain   from   voting  or  registering,  sec- 
tions  202,   278. 

intimidating  workmen  or  employes,  sections  206,  278,  434,  435. 

intoxicating  liquor,  duty  or  peace  officers,  sections  194,  278. 

intoxicating  liquor,  having  it  in  polling  place,  sections  193,  278. 

intoxicating  liquor,  selling,  sections   192,  278. 

marking  ballot,  sections   198,  200,   278. 

obstructing  officer  carrying  ballot-box  to  city  clerk,  sections  10 1,  278. 

obstructing  voter,  sections  207,  278. 

primary  meeting,  illegal  voting  at,  sections  215,  278. 

printing   ballots   in    form   other    than   that    prescribed   by   county   or 
municipal  clerk,  sections   199,   278. 

receiving  illegal  votes,  sections  33,  75,  278. 

registry  list,  removing,  sections  209,  278. 

removing  ballots  or  pencils  from  booths,  sections  196,  278. 


248 

Penalty,  revealing  how  any  person  has  voted,  sections  201,   278. 
robbing  ballot-box,  sections  190,  278. 
showing  ballot  within  polling-room,  sections   198,  278. 
soliciting  money,  &c.,  from  candidates,  section  278. 
soliciting  voter  to  show  his  ballot  within  one  hundred  feet  of  poll- 
ing place,  sections  198,  278. 
/  statement,  of  result  of  election,   altering,   section   190. 

(  violation  of  duty  by  any  public  officer,  section  278. 

voting  by  persons  convicted  of  crime,  section  71. 
voting  by  other  than  official  ballot,  sections  198,  278. 
Permits  to  challengers  or  agents,  section  63. 
Petition  of  nomination,  contents  of,  sections  41,  290,  292,  293. 

filed,  when  and  where,  sections  42,  302,  343,  347,  425. 
number    of    signers    required,    sections    41,    290,    292, 

295,   300,    320,    340,    342. 
open  for  public  inspection,  section  42, 
verified  by  oath,  section  41. 
Police  officers,  appointment  of,  at  elections,  section  83. 
detailed  at  elections,  section  83. 

duty  to   arrest  persons   selling  liquor   on   election   day,   section 
194. 
Police  power  of  board  of  election,  county  and  state  canvassers,  sections  83. 
Political  contributions  by  insurance  companies  prohibited,  section  444. 
Poll-book,  deposited  in  ballot-box  after  election,  sections  67,  99. 

deposited  in   ballot-box  on  adjournment  before   close   of  election, 

section  77. 
entry  at  foot  of  list  of  voters  in,  section  86. 
entry  at  heading  of  list  of  voters  in,  section  67. 
entry  on  adjournment  before  close  of  election,  section   77. 
kept  by  whom  and  how,  sections  67,  351. 
when  to  be  compared  with  registry  list,  section  351. 
Polling-rooms,  arrangement  of,  sections  78,   79. 

provided  how  and  when,  sections  8,  85,  325. 
who  allowed  within,  section   78. 
Polls,  public  proclamation  of  opening  to  be  made,  section  66. 

time  during  which  they  shall  be  kept  open,  section  4. 
President,  candidate  for,  how  nominated,  section  331. 
form  of  petition,  section  331. 
number  of  petition,  section  331. 
when  petition  filed,  section  331. 
declination  of  candidate,  section  331. 
how  voted,  section  331. 
Presidential  and  vice-presidential  candidates  may  be  included  in  certificate  of 

nomination,  section  47. 
Presidential  electors,  certificate  of  election  of,  section   130. 
elected  when,  section  3. 
nomination,  how,^  section  430. 
notice  of  election  of,  section  5. 
persons  eligible  as,  section   183. 
qualifications  of,  section  3. 
time  and  place  of  meeting  of,  section  131. 
vacancy  in  office,  how  filled,  section   132. 


249 

Primary  elections,  appropriations  on  ballot,  section  288. 

ballot-boxes  for,  section  241. 

ballot-boxes  for,  delivery  to  election  officers,  section  251. 

ballot-boxes  at,  number  of,  section  251. 

ballot-boxes  at,  how  constructed,  section  251. 
ballots  for,  how  prepared,  sections  241,  248,  290,  291. 

ballots  for,  number  of,  section  249. 

ballots  for,  delivery  to  election  officers,  section  250. 

how  ballot  voted,  section  346. 

ballots  for,  errors  in,  how  corrected,  section  257. 
'  ballots,  official,  for,  section  241. 

ballots,  unofficial,  used  at,  section  261. 

ballots,   schedule  of  appropriation  may   be  placed  thereon, 
section  288. 

books  open  for  inspection,  section  252. 

candidates  at,  acceptance  of  nomination,  section  244. 

candidate  at,  how  nominated,  sections  241,  290. 

candidate  for  single  ward  of  township,  how  selected,  sec- 
tion 256. 

canvassing  ballots  at,  sections  241,  254,  330. 

challenges  at,  sections  241,  252. 

challengers  at,  who  may  be,  sections  252,  264. 

city  committee  elected  at,  section  245. 

clerk  of  municipality  to  provide  booths,  voting  places,  &c., 
section  250. 

clerk  to  deliver  ballots,  ballot-boxes,  &c.,  section  251. 

conducted  at  public  expense,  section  241. 

conducted  by  whom,  sections  241,  252,  329. 

contested  elections  at  convention  how  determined,  section 
255- 

conventions,  time  and  place  of  holding,  section  255. 

county  clerk  to   give  notice   of  preference  of  U.   S.   sena- 
tor, section  295. 

county  committees,  elected  at,  section  245. 

delegates  to  conventions  for,  sections  240,  241. 

delegates,  who  to  be  declared  elected  at,  section  255. 

designation  of  ticket,  how  made,  section  340. 

delegates,  credentials  of,  section  255. 

errors  in  ballots  for,  how  corrected,  section  257. 

erasing  names  from,  sections  24,  25. 

expression   of  vote   for  U.   S.    seriator,   sections   294,   295, 
341- 

first  registry  day,  when  held,  section  333. 

where  held,  section  333. 

held  for  all  parties  at  same  time  and  place,  section  241. 

held  when,  sections  241,  252,  326. 

how  candidates  may  be  grouped  on  ticket,  section  340. 

how  defective  petition  remedied,  section  347. 

hours  of  election,  section  337. 

lists,  how  made,  section  338. 

manner  of  voting  at,  sections  241,  337. 


250 

Primary  elections,  nomination  of  candidates  for,  sections   240,  241,  301,   33J, 

425. 
nomination,    acceptance    of,    necessary    to    place    name    on 

ballot,  section  301. 
notice  of,  given  by  poll  clerks,  section  252. 
notification  of  candidate  by  county  clerk  when  petition  de- 
fective, section  347. 

oath  in  case  of  challenge  at,  sections  241,  252. 
official  oath  of  election  officers,  section  252. 
official  ballots  for,  section  241. 

party  registration  of  voters  at,  sections  241,  252,  268. 
penalty  for  illegal  voting  at,  section  215. 
petition  to  place  name  on  ticket,  section  243. 
petition  nominating  candidates  and  delegates,  form  of,  sec- 
tion 243. 
petition   nominating    candidates    and    delegates,    acceptance 

of,  section  244. 
places  for  holding,  section  241. 
"political  party"  defined,  section  242. 
polling  booths  for,  section  241. 

preference  for  U.  S.  senator,  sections  294,  298,  341. 
qualifications  to  vote  at,  section  337. 
receipts  for  ballots  and  ballot-boxes,  section  251. 
registration  of  voters  at,  sections  241,  252,  337, 
registry  lists  for,  sections  241,  333. 
result  filed  with  county  clerk,  sections  291,  295,  340. 
returns  canvassed  by  county  clerk,  sections  291,  295,  340. 
schedule  of  appropriation  on,  section  288. 
statement   by   state    senator,    section    341. 
statements  of  results  of,  sections  241,  254,  270. 
statements   of  candidates   filed    with   county   clerk,    section 

341. 
unofficial  ballots  at,  section  261.  -^ 
vacancy  by  death  or  declination,  how  filled,  sections  256, 

258,  259,  305. 
voter  at,  who  may  be,  sections  214,  241. 
voter  may  vote  for  any  persons  not  on  party  ticket,  sec- 
tion 253. 
voter  not  to  s'gn  petitions  for  two  parties,  section  260. 
voter  not  to  vote  in  box  of  but  one  party,   sections   252, 

260. 
when  tie  vote  for  governor  at  primary,  section  344. 
when  tie  vote  for  congressman  at  primary,  section  344. 
who  may  vote,  section  332. 
Probable  violation  of  act,  hov/  investigated,  section  211. 
Proclamation  on  opening  election  to  be  made,  section  66. 
Propositions  or  questions   submitted  to  'vote  of  people,   canvassed   how,   sec- 
tions 185,  417. 
Propositions  or  questions  submitted  printed  on  official  ballots,  section  363. 


251 


R. 

Railed   inclosure,  ballot-boxes   to   be   within,   section    78. 

constructed  about  election  booths,  section  78. 
single  enti-y  and  exit  provided  for,  section  78. 
who  allowed  within,  sections  63,  78. 
Recount  of  votes,  sections  159  to  161. 
Register  of  voters,  addition  to,  on  affidavit,   section  24. 

copies  of,  posted  in  each  district,  sections  24,  26. 
copy  of,  filed  with  city,  township  or  municipal  clerk,  sec- 
tion 24. 
copy  of,  filed  with  county  board,  sections  24,  zd. 
delivery  of,  to  city  clerk  for  charter  election,  section  2t. 
disposition  of  checked  register  after  election,  section  67. 
erasing  names  from,  sections  24,  25. 
filed  after  election,  with  county  clerk,  section  dT. 
for  charter  elections  in  cities  having  over  5,000  inhabit- 
ants, section  26. 
for  local  elections,  correction  of,  by  county  board  of  elec- 
tions, section  30. 
for  local  elections,  correction  of,  by  election  board,  sec- 
tion 29. 
in  cities  having  over  5,000  inhabitants,  sections  2(i  to  28. 

kept  by  whom  and  how  on  election  day,  section  67. 
manner  of  making,  section  24. 

no  person  to  vote  whose  name  is  not  on,  section  33- 
notice  of,  published  in  what  newspaper,  section   7. 
preserved  for  five  years,  section  298. 
revision  and  correction  of,   by  county  board  of  election, 

section  25. 
right  of  persons  to  be  freely  heard  concerning,  section  z^. 
to  be  sold  as  waste  paper,  section  299. 
Register  of  deeds,  elected  when,  section  6. 

vacancy  in  office  of,  how  filled,  section   159. 
Registry  book,  when  kept,  section  349. 
form  of,  section  349. 
signature  by  voter,  section  349. 
questions  to  be  answered  by  voter,  section  349. 
when  voter  is  unable  to  write,  section  349. 
certified  by  board  of  elections,  section  349. 
list  to  be  printed,  section  349. 
questions  to  be  printed,  section  349. 
identification  statements,  section  349. 
preservation  of,  section  298. 
Registry  day,  first,  when  held,  sections  533,  335. 
where  held,  section  333. 
second,  when  held,  section  337. 
third,  when,  section   348. 
Registry  list,  form  of,  section  350. 

investigation  of,  by  chief  of  police,  section  350. 
to  be  furnished  chief  of  police,  section  350. 


252 

Registry  list,  to  be  furnished  county  clerk,  section  350. 
to  be  publicly  exposed,  section  350. 
shall  be  two,  section  332. 
what  shall  contain,  section  332. 
when  to  be  furnished  any  voter,  section  350. 
where  kept,  sections  350,  351. 
Registration,  for  national  delegate  conventions,  how  made,  sections  327,  328. 
voting  at  primary  shall  register,  section  337.  \ 

when  required,  section  348. 
affidavit,  section  348. 
third  registry  day,  when,  section  348. 
Registry,  notice  of,  published  in  what  newspapers,  section  7. 
Registry  and  election,  boards  of,  see  Boards  of  election. 
Removal  of  voter,  certificate  in  case  of,  sections  356,  357,  411, 
Residence,  length  of,  in  election  district  of  applicant  for  district  board,  sec- 
tion 313. 
Result  of  election,  see  Statement  of  result  of  election. 
Rooms,  polling,  see  Polling-rooms. 


Secretary  of  state,  certificate  of  election  of  representatives  and  presidential 
electors,  duty  concerning,  section  130. 
certified   copies  of  determination  of  state  canvassers,  to 

give  to  persons  elected,  section  127. 
copies  of  special  election  acts,  to  print,  section  446,  447. 
election  blanks,  to  furnish,  section  61. 
may  be   summoned  to   produce  papers   before   state   can- 
vassers, section  125. 
messenger  for  missing  statements  of  election,  to  commis- 
sion and  send,  sections  118,  124. 
missing  statements  of  elections,  to  obtain,  section   118. 
nominations,    to    certify,    to    county    clerks,    sections    43, 

45,  295. 
notice  of  election  of  electors,  congressmen,  governor  and 

senator,  to  give,  section  5. 
papers  to  produce  before  state  canvassers,  sections   118, 

123. 
statements  of  result  of  election,  to  file,  section  128. 
when  to  canvass  result  of  primary  election,  section  344. 
when  to  deliver  identification  statements,  section  355. 
Senate,  prima  facie  evidence  of  election  of  member  of,  what  is,  section  115. 
sessions  of,  held  where,  section  115. 
vacancy  in,  created  how,  section   134, 
vacancy  in,  filled  how,  section   133. 
Senator,  notice  of  election  of,  section  5. 

state,  statement  by,  relative  to  U.  S.  senator,  section  341. 
Sheriff,  certain  offices  not  to  hold,  section  184. 

duty  of,  to  arrest  persons  selling  liquor  on  election  day,  section  6. 

term  of,  section  6. 

vacancy  in  office  of,  how  filled,  section   139. 

when  elected,  section  6. 


^53 

Soldiers  and  sailors,  affidavit  of,  section  222. 

affidavit  of  person  authorized  to  cast  ballot,  section  228. 
affidavit  and  envelope  of,  filed  when,  section  226. 
ballot  of,  inclosed  in  envelope,  section  223. 
ballot  of,  transmitted  to  elector  authorized  to  cast  it,  sec- 
tion 223. 
ballot  of,  when  not  deposited  in  ballot-box,  section  225. 
blanks  for,  prepared  and  forwarded  by  secretary  of  state, 

section  232. 
delivery  of  envelope  and  contents  to  election  board,  sec- 
tion 225. 
3uty  of  election  board,  section  225. 
inner  envelope   inclosing  ballot  of,   printing  on,   section 

223. 
instrument  of   authority   to   cast   vote,   form   of,   section 

224. 
instrument  of  authority  to   cast  vote,   inclosed  in  inner 

envelope,  section  223. 
instrument  of  authority  to  cast  vote,  how  verified,  sec- 
tion 221. 
outer  envelope,  how  marked,  section  223, 
outer  envelope,  opened  by  whom,  section  225. 
penalty  for  intimidating,  section  231. 
penalty  for  presenting  false  t»allot   to  board  of  election, 

section  230. 
penalty  for  violation  of  duty  by  board  of  election,  sec- 
tion 229. 
postmaster  to  take  receipts  for  envelopes  delivered,  sec- 
tion 227. 
right  of,  to  vote,  section  220. 

vote  of,  may  be  cast  by  authorized  elector,  section  221. 
Special  elections,  blanks  and  books  furnished  by  whom,  section  62. 

when  and  how  held  and  conducted,  sections  140,  274,  275. 
payment  of  expenses  of,  sections  303.  304- 
State  canvassers,  appointment  of,  section  119. 

basis  of  determination  by,  section  126. 
chairman  of,  who  to  be,  section  119- 

chairman  may  summon  secretary  of  state  with  papers,  sec- 
tion 125. 
clerk  of,  who  to  be,  section   119. 
clerk  of,  in  case  of  absence  of  secretary  of  state,  section 

121. 
composed  how,  sections  119.  122. 

copies  of  determination  of,  delivered  to  persons  elected,  sec- 
tion 127. 
determination  of  persons  elected  by,  sections  133,  126. 
dissent  of  members  of,  how  made,  section  129. 
may  summon  secretary  of  state  to  produce  papers,  section 

125. 
meet  when,  section  119. 
oath  of  clerk  of,  section  121. 
oath  of  members  of,  section  120. 


254 

State  canvassers,  police  power  of,  section  i86. 

proceedings  of,  to  be  public,  section  129. 
statement  of  result  of  election,  to  make,  sections  123,  126. 
statement  of  determination,  to  make,  sections  123,  126. 
statements   made  by,   filed   with    secretary  of   state,  section 

123. 
statements  laid  before,  when,  section  123. 
statements   produced   before,    to   be  filed   with   secretary   of 

state,  section   128. 
vacancies  in  board  of,  filled  how,  section   122. 
State  committee,  how  chosen,  section  370. 
Statement  of  result  of  election,  by  board  of  election,  form  of,  section  95. 

by  board  of  election,  copy  of  transmitted  to 

township  or  city  clerk,  section  96, 
by  county  canvassers,  sections  108,   109. 
by  county   canvassers,   filed   with   county   and 
city  clerk   and    secretary  of  state,   section 
no. 
by  county  canvassers,  form  of,  section   109. 
by  state  canvassers,  section  123. 
county  clerk  to   send   for  missing  statements, 

section  io6. 
custody    of,    during    adjournment    of    county 
canvassers,     section     107. 
delivery    of,    ordered    by   justice    of    supreme 

court,  section  98. 
obtained   how,   vvhen   not  properly   forwarded 
to   county  clerk  or  secretary  of  state,  sec- 
tion 106. 
penalty    for    altering    or    destroying,    section 

190. 
penalty  for  failure  to  transmit,  section  97. 
produced  before  county  canvassers  filed  with 

county  clerk,  section  116. 
secretary  of  state  to  send  for,  when,   section 

124. 
transmitted  to  county  clerk,  section  96. 
transmitted  to  secretary^  of  state  by  board  of 

election,  section  96. 
transmitted    to    secretary    of    state    by   county 

canvassers,  section,  no. 
transmitted   to    township    or   municipal    clerk, 
section  96. 
Street,  erection  of  polling-room  in,  section  8. 
Suffrage,  right  of,  section  450. 

Supplies,  when  to  be  furnished  by  municipal  clerk,  section  325. 
Surrogates,  elected  when,  section  6. 

vacancy  in  office  of,  how  fillr  ],  section   139. 

T. 

Tally  papers  deposited  in  ballot-box,  section  99- 

Tie  vote,  effect  of,  section  93. 

Towns,  manner  of  conducting  elections,  sections  64,  85.  234. 


^^55 

Township  clerk,  ballot-boxes,  to  keep,  section  99. 

delivery  of  ballots  and  envelopes  to  election  clerks  by,  sec- 
tion 54. 
election  blanks  for  local  elections,  to  provide,  section  62. 
envelopes  furnished  by,  when,  section  85. 
expenses  of,  how  paid,  section   180. 
fees  of,  section  179. 
Township  clerk,  notice  of  time,  place  and  purposes  of  all  elections,  to  give, 
section  7. 
notify   board    of    election    of    location    of   polling-room,    sec- 
tion  8. 
polling-rooms,  to  provide,  section  8. 
Township  elections,   ballots   for,  provided  how,  section   85. 

distinguishing   marks    on   ballot   or    envelope   prohibited, 

section  85. 
election  booths,  provided  for,  section  85. 
envelopes  for,  provided  how,  section  85. 
held  and  conducted  by  whom,  section  64. 
held  where,  section  85. 

manner   of   conducting   election,   section   85. 
nomination  of  candidates  by  petition  or  certificates  not 

required,  sections  85,  234. 
notice   of  meeting  for  revision   of  registers  for,  section 

29. 
registration  of  voters  for,  section  29. 
revision  and  correction  of  register  for,  section  29. 
resulut  of,  how  ascertained,  section  94. 
suitable  room  provided  for  by  township  clerk,  section  85. 
unofficial  ballots  used  at,  section  85. 
what  provisions  not  applicable  to,  sections  85,  234. 
Township  office,  contest  in  case  of,  see  Contested  elections. 
Transfer,  certificate  of,  to  vote  at  primary,  section  337. 

when  voters  may  transfer  to  another  district,  sections  356.  357. 


u. 


U.  S.  senator,  preference  for,  sections  294,  297.  341. 
vacancy,  how  filled,  section   445. 


Vacancy  in  board  of  registry  and  election,  j51Ied  how,  sections   17,  312. 
electoral  college,  filled  how,  section   132. 
house  of  representatives,  filled  how,  section  135. 
candidate  for  governor  and  congressman,  how  filled,  section  343. 
legislature  or  congress,  copies  of  writs  of  election  to  fill,  deliv- 
ered to  county  clerks,  section  137. 
legislature  or  congress,  notice  of  election  to  fill,  section   138. 
nominations  filled  how,  sections  45,  305. 
office,  caused  by  a  tie  vote,  section  93. 


256 

Vacancy  in  office  of  sheriff,  coroner,  county  clerk,  register  or  surrogate,  filled 
how,  section  139. 
on  primary  ticket,  how  filled,  424,  425. 
senate  or  general  assembly,  created  how,  section  134. 
senate  or  general  assembly,  filled  how,  section  133. 
state  board  of  canvassers,  filled  how,  section  122. 
U.  S.  Senator,  how  filled,  section  445. 
Villages,  charter  elections  in,  section 

Voters,  bl'ndness  or  physical  disability,  provision  in  case  of,   section  368. 
certificate  of  transfer  of,  sections  356,  357. 
disqualified  by  certain  crimes,  section  71. 

freedom  of,  from  arrest  on  civil  process  on  election  day,  section  70. 
legal,  defined,  section  185. 
Voters  may  vote  for  any  person  not  on   party    ticket  by   writing  name   on, 
section  244. 
must  receive   ballot   from  board   of   election   and   enter  booth   before 

voting,  sectionfj  80,  366. 
must  sign  name  at  time  of  registration,  section  349. 
must  state  his  residence,  section  67. 
must  vote  where,  section  69. 
name  of,  checked  off  on  register,  section  dT. 
name  of,  to  be  publicly  announced  on  tendering  vote,  section  68. 
persons   unable   to   read    and   write   to   be   assisted   in   preparation   of 

ballot,  section  368. 
procedure  if  unable  to  read  and  write,  section  352. 
right  of,  to  be  freely  heard  concerning  registry,  section  32. 
right  to  vote  though  name  has  been  checked  on  register,  section  82, 
who  may  exercise  the  right  of,  sections  zZi  68,  450. 
who  may  vote  after  hour  for  closing,  section   78. 
Voting,  method  of,  section  366. 


W. 

Witnesses  compelled  to  testify  in  bribery  cases,  though   answers  may  crimi- 
nate them,   section   213. 
Writ  of  election  to  fill  vacancy,  sections  274,  275. 

duty  of  secretary  of  state  as  to,  section  137- 

filed  where,  section  137. 

in  house  of  representatives,  section  135. 

in  legislature,  section  133, 

nature  and  contents  of,  section  136. 

notice  of,  published  how,  section  138. 


INSTRUCTIONS 


TO 


OFFICERS  AND  VOTERS 


257 


Instructions  Relative  to  the  Duties  of 
Officers  and  Voters 

(Text  of  Law  to  be  Consulted  in  all  Cases.) 


1.   DATES  OF  GENERAL  AND  PRIMARY  ELECTIONS. 

The  general  election  is  held  annually  on  Tuesday  next  after  the  first  Mon- 
day in  November.  Sections  i.  General  Primary  Election  on  fourth  Tuesday  in 
September.     Section  337- 


II.     THE   GOVERNOR. 

The  Gocernor  shall  commission  two  members  of  each  county  board  of  elec- 
tion, annually,  upon  the  nomination,  if  made  within  the  month  of  June,  of  the 
chairmen  of  the  State  committee  of  the  two  political  parties.  If  the  chairmen 
fail  to  nominate,  the  Governor  shall  commission  men  of  his  own  selection.  The 
appointment  is  made  in  the  month  of  July  of  each  year.     Section  13. 

In  case  of  the  death  or  disability  of  any  member  of  a  county  board  of  regis- 
tration, the  Governor  shall  cause  notice  of  such  death  or  disability  to  be  given 
to  the  chairman  of  the  proper  political  party.     Section  13. 

The  Governor  shall  be  chairman  of  the  State  board  of  canvassers.  Section  iiq. 
(See  State  Canvassers.) 

In  case  of  contest  of  election  of  Governor,  the  matter  is  tried  and  determined 
before  a  committee  of  the  Senate  and  General  Assembly.     Sections  141  to  152. 

The  Governor  shall  be  a  member  of  State  convention  in  each  year  when  no 
Governor  is  to  be  elected.    Section  370. 

Party's  candidate  for  Governor  shall  be  member  of  State  convention.  Sec- 
tion 370. 


III.      THE  SECRETARY   OF  STATE. 

The  Secretary  of  State,  at  least  fifteen  days  before  the  election,  shall  make 
and  certify  to  the  county  clerks  of  the  several  counties  a  statement  of  all  the 
candidates  nominated  in  any  certificate  or  petition  filed  with  him ;  and  also  of 
the  names  of  the  candidates  for  President  and  Vice-President  of  the  United 
States,  if  any  such  have  been  included,  &c.  Section  43.  (See  Form  No.  4.)  He 
shall  also  certify  to  the  county  clerks  the  names  of  candidates  nominated  to  fill 

258 


^59 

vacancies.  Section  45.  Thirty  days  before  primary  election  voters  may  file  peti- 
tion with  Secretary  of  State  for  the  purpose  of  nominating  candidate  for  Gover- 
nor ;  at  least  one  thousand  petitioners  necessary.  Section  S4--  Thirty  days  be- 
fore primary  election  not  less  than  two  hundred  voters  may  petition  Secretary  of 
State  to  nominate  member  of  Congress  in  any  district  not  confined  to  a  single 
county.  Sections  342  and  343.  Secretary  of  State  shall  canvass  result  of  primary 
election  to  choose  candidates  for  Governor  and  for  members  of  Congress  not 
wholly  within  a  single  county,  and  shall  certify  such  names  to  the  clerk  of  each 
county  interested.     Section   344. 

The  Secretary  of  State  shall  cause  to  be  printed,  and  at  least  ten  days  before 
any  primary,  special  or  general  election  at  which  any  question  or  proposition  is 
to  be  submitted,  shall  deliver  to  each  county  clerk  the  necessary  number  of  copies 
of  the  printed  matter  designated  by  the  Attorney-General.  Sections  420  and 
421. 


IV.     COUNTY  CLERK. 


The  county  clerk  shall  file  in  his  office  the  official  oaths  or  affirmations  of  the 
county  board  of  elections  and  of  the  boards  of  registry  and  elections.  Section  id- 
He  shall  pass  upon  the  validity  of  objections  to  certificates  of  nominations 
■filed  with  him,  unless  an  order  shall  be  made  in  the  matter  by  a  court.  Section 
46.  He  shall  select  name  or  title  in  case  of  party  division,  or  when  two  or  more 
conventions  of  the  same  party  claim  to  be  regular.  Section  40.  When  a  candi- 
date declines  a  nomination,  the  clerk  shall  notify  the  chairman  and  secretary 
who  signed  the  certificate,  or  five  of  the  persons  who  signed  the  petition  of  nomi- 
nation. Section  44.  He  shall,  within  five  days  before  election,  certify  to  the 
Secretary  of  State  all  candidates  for  State  Senate  and  General  Assembly.  Sec- 
tion 42.     (See  Form  No.  5.) 

He  shall  deliver  canvassing,  poll,  registry  and  instruction-books,  blanks  for 
oaths  and  returns,  &c.,  to  the  boards  of  registry  and  election.     Section  61. 

He  shall  have  ballots  in  his  possession  at  least  five  days  before  the  election. 
Section  53. 

He  shall  not  print  on  the  ballots  the  name  of  any  candidate  who  fails  to  accept 
his  nomination  (Section  42)  nor  the  name  of  any  candidate  who  declines  his 
nomination.  Section  44.  He  shall  allow  the  ballots  to  be  inspected  and  exam- 
ined by  candidates  and  their  agents,  and  when  mistakes  are  discovered  shall  cause 
new  ballots  to  be  printed  without  delay  and  shall  destroy  inaccurate  or  incom- 
plete ballots.    Section  53. 

The  county  clerk,  within  fifteen  days  after  receiving  from  the  Secretary  of 
State  notice  of  the  election  of  a  State  Senator,  Governor,  electors  of  President 
and  Vice-President,  or  members  of  the  House  of  Representatives,  shall  cause  a 
certified  copy  of  the  notice  to  be  delivered  to  the  clerk  of  each  township  and 
municipality  in  the  county.  Section  5.  He  shall  also,  between  August  ist  and 
September  ist  in  each  year,  when  a  sheriff,  coroner,  county  clerk,  register  of 
deeds  or  surrogate  is  to  be  elected,  cause  to  be  delivered  to  each  township  and 
municipal  clerk  in  his  county  a  notice  of  the  election  of  such  officer.  Section  6. 
(See  Form  No.  2.) 


26o 

He  shall  be  clerk  of  the  county  board  of  canvassers.  Section  102.  Shall  lay 
before  such  board  all  statements  of  election  received  by  him  and  obtain  missing 
statements  by  special  messenger  or  otherwise.  Sections  103,  io6-  Special  mes- 
sengers, when  employed,  shall  be  commissioned,  in  writing,  and  shall  exhibit 
their  commissions  to  the  persons  to  whom  they  shall  apply  for  such  statements. 
Section  124.  (See  Form  No.  25.)  All  statements  produced  and  laid  before  the 
county  board  of  canvassers  shall  be  filed  by  him.  Section  116.  He  shall  also  file 
the  determination  of  such  board  {Section  in),  and  shall  deliver  a  copy  of  such 
determination,  certified  under  his  hand  and  the  county  seal,  to  each  person  de- 
clared to  be  elected  as  State  Senator,  Assemblyman,  sheriff,  coroner  or  other 
county  officer.  Section  114.  He  shall  also  send  a  similar  certified  copy  to  the 
Secretary  of  State  within  five  days  after  the  meeting  of  the  board.  Section  114, 
He  shall  also  file  the  certificate  of  any  Justice  of  the  Supreme  Court  made  on  a 
recount  of  votes,  and  send  a  certified  copy  thereof  to  the  Secretary  of  State  with- 
in five  days,  and  deliver  a  like  certified  copy  to  the  person  declared  elected. 
Section  160. 

Vacancies  in  the  office  of  the  county  clerk  are  filled  at  the  general  election  next 
succeeding  the  happening  thereof.    Section  139. 

The  county  clerk  shall  audit  and  approve  itemized  bills  for  costs,  charges  and 
expenses.    Section  180. 

Twenty-five  days  before  primary  election,  not  less  than  two  hundred  voters, 
in  any  Congressional  district  lying  wholly  within  a  single  county,  may  file  with 
the  county  clerk  a  petition  to  nominate  candidate  for  Congress  lor  primary  elec- 
tion. Section  343.  County  clerks  shall  canvass  returns  of  primary  election  for 
members  of  Congress  in  districts  lying  wholly  within  a  single  county.  Section 
344.  County  clerks  shall  transmit  to  Secretary  of  State  the  results  of  primary 
election  for  Governor  and  for  members  of  Congress  lying  in  districts  wholly 
within  a  single  county.  Section  344.  County  clerks  shall  print  the  names  cer- 
tified to  him  by  the  Secretary  of  State  as  having  been  nominated  for  Governor 
and  for  member  of  Congress,  on  the  official  ballot.  Section  344.  County  clerks 
shall,  in  all  municipalities  of  more  than  five  thousand  population,  forthwith  cause 
copies  of  registry  lists  to  be  printed  and  supply  not  less  than  five  copies  of  such 
lists  to  each  election  district  and  to  the  chief  of  police  thereof,  and  shall  also 
furnish  copies  of  such  list  to  anyone  applying  for  them,  charging  therefor.  Sec- 
tion 350.  County  clerks  shall,  ten  days  before  election,  furnish  municipal  clerks 
with  a  sufficient  number  of  sample  ballots  and  stamped  envelopes.     Section  364. 


V.     TOWNSHIP,  CITY  AND  MUNICIPAL  CLERKS. 

The  clerk  of  every  township,  city  or  other  municipality  is  required  to  put  ad- 
vertisements at  least  eight  days  prior  to,  and  within  thirty  days  next  preceding, 
the  election,  in  at  least  five  of  the  most  public  places  within  the  township  or 
municipality,  which  advertisements  shall  make  known  the  time,  place  and  pur- 
pose of  holding  the  election,  and  the  office  or  offices  to  be  filled  thereat,  and  shall 
be  signed  by  such  clerk,  (See  Form  No.  3.)  He  shall  also  cause  notice  to  be 
published,  in  not  more  than  two  of  the  newspapers  in  the  county  at  least  two 
weeks  preceding  the  primary  election,  a  notice  setting  forth  that  the  board  of 
registry  and  election,  in  and  for  each  election  district  in  such  municipality,  will 
meet  for  the  purpose  of  making  a  registration   of  voters  ;  and  that  the  primary 


26l 

election  of  delegates  to  conventions  of  political  parties,  or  for  making  nomina- 
tions, will  be  held  on  the  date,  and  between  the  hours  and  at  the  places  pro- 
vided in  this  act,  also  making  known  the  time,  place  and  purpose  of  holding  the 
general  election.     Section  7. 

The  township  or  municipal  clerk  shall  file  all  statements  of  election  delivered 
to  him  by  any  board  of  election.  Sections  94,  96.  He  shall  also  have  the  custody 
of  the  ballot-boxes  after  election,  but  not  of  the  keys  thereto.  Sections  67,  99. 
In  cities,  each  city  clerk  shall  keep  a  record  of  the  exact  time  of  the  delivery 
to  him  of  each  ballot-box,  and  of  the  election  officers  and  persons  making  the  de- 
livery. Section  99.  He  shall,  in  cities  having  over  5,000  inhabitants,  also  publish 
notice  of  meetings  of  district  boards  to  prepare  registers  for  charter  elections. 
Section  28. 

In  township  or  municipal  elections,  the  township  or  municipal  clerk  is  required 
to  discharge  the  same  duties  as  are  devolved  in  other  elections  upon  the  county 
clerk  in  the  matters  of  selecting  names  for  parties  in  cases  of  division,  or  two 
or  more  conventions  {Section  40)  ;  when  a  candidate  declines  a  nomination  (Sec- 
tion 44)  ;  and  in  passing  upon  objections  to  certificates  of  nomination.  Section 
46.  For  such  elections  he  shall  also  furnish  at  his  office  the  necessary  canvass- 
ing-books,  poll-books,  registry-books  and  blanks.    Section  62. 

If  the  official  ballots  are  not  delivered  at  the  time  specified,  or  should  be  de- 
stroyed or  stolen,  and  other  official  ballots  cannot  be  obtained  in  time,  he  shall 
cause  other  ballots  to  be  prepared,  &c.     Section  55. 

He  shall  also  provide,  before  the  date  of  the  first  meeting  of  the  board  of  regis- 
try and  election,  a  suitable  room  in  each  election  district  in  which  to  make  and 
revise  the  register  of  voters  and  to  hold  the  electjon,  and  give  notice  of  the 
location  thereof  to  the  board  of  election  (Section  8 ;  see  Form  No.  6)  ;  shall  have 
the  booths  or  compartments,  &c.,  constructed  therein,  as  described,  and  shall  pro- 
vide the  same  with  lights  so  that  they  may  be  kept  at  all  hours  well  and  suffi- 
ciently lighted.  Sections  78,  79.  He  may,  if  in  his  judgment  it  is  best  so  to  do, 
cause  booths  to  be  erected  in  the  street;  but  elections  , shall  not  be  held  in  any 
bar-room.    Section  8. 

He  shall,  on  the  day  preceding  the  election  and  on  Saturday  preceding  when 
tthe  election  is  on  Monday,  deliver  each  sealed  package  of  ballots  received  by 
him  from  the  county  clerk,  to  one  of  the  clerks  of  each  election  district  in  his 
township  or  municipality  for  which  the  same  has  been  prepared,  and  shall  take 
a  receipt  therefor.    Section  54. 

He  shall  also  audit  and  approve  itemized  bills  for  costs,  charges  and  expenses. 
Sections  180,  315. 

Said  clerks  shall  preserve  poll-books  and  primary  books,  and  shall  deliver  the 
same  to  district  board  of  registry  and  election  for  use  on  registry  day  of  the  fol- 
lowing year.  Section  333.  Said  clerks  shall  deliver  suitable  registry  books  for 
primary  day.  Section  333.  They  shall  furnish  sample  ballots  and  stamped  en- 
velopes one  week  before  prim.ary  day.  Section  334.  Municipal  clerks  may  be 
requested  by  any  candidate  regularly  nominated  for  primary  election,  to  print  not 
more  than  six  words  on  the  primary  ticket  indicating  any  official  policy  he  may 
be  pledged  to.  Section  340.  They  shall  deliver  to  district  board  of  registry  and 
election,  sample  ballots  and  stamped  envelopes  on  or  before  Tuesday  preceding 
general  election  day.    Section  364' 

He  shall  furnish  for  each  election  district  an  American  Flag  to  be  displayed 
during  the  hours  when  the  boards  of  registry  and  election  are  in  session.  Sec- 
tion 427. 


262 

VI.     GOVERNING   BOARDS    OF   MUNICIPALITIES. 

Governing  boards  of  municipalities  shall  adjust  boundary  lines  of  election 
districts  and  file  descriptions.    Sections  306,  307. 

Board  having  charge  of  the  finances  of  municipalities  shall  provide  for  the 
expenses  of  carrying  out  the  provisions  of  Chapter  183,  Laws  of  191 1  (Geran 
act.)     Section  315- 


VII.     CHAIRMAN  OF  STATE  COMMITTEE. 

The  chairman  of  the  State  committee  of  each  of  the  two  largest  political  par- 
ties may  nominate  two  citizens  in  each  county  as  members  of  the  county  board 
of  election.    Section  13. 


VIII.     CHAIRMAN  OF  COUNTY  POLITICAL  COMMITTEES. 

The  chairman  of  each  county  committee  of  political  parties  entitled  to  nomi- 
nate candidates  at  direct  primaries,  shall  certify  list  of  names,  from  which  are 
appointed  members  of  the  district  board  of  registry  and  election,  to  the  Civil 
Service  Commission  on  or  before  the  first  day  of  May.    Section  309. 


IX.     COUNTY  COMMITTEE. 

Members  of  county  committee  of  each  political  party  are  to  be  elected  at  the 
primary  election  (Section  245)  and  shall  take  office  on  the  first  Tuesday  follow- 
ing their  election.    Section  371. 


X.     STATE  COMMITTEE. 

At  the  September  primaries  of  the  year,  wherein  a  Governor  is  to  be  elected, 
a  member  of  the  State  committee  of  each  political  "party  shall  be  elected  in  each 
county.    The  term  of  office  of  said  members  shall  be  three  years.    Section  370. 


XI.     CIVIL  SERVICE  COMMISSION. 

It  shall  have  charge  of  the  examination  of  candidates  for  members  of  the  dis- 
trict board  of  registry  and  election.     Sections  309  to  314  inclusive. 


263 
XII.     JUDGES  OF  COURT  OF  COMMON  PLEAS. 

Judge  of  the  Court  of  Common  Pleas  shall  receive  from  the  Civil  Servic* 
Commission  certificate  of  names  of  persons  eligible  for  appointment  on  district 
board  of  registry  and  election  before  twentieth  day  of  August.     Section  310. 

Such  judge  or  judges  shall  preside  at  the  drawing  for  members  of  the  dis- 
trict board  and  direct  the  proceedings.     Section  311. 

Such  judge  or  judges  shall  fill  all  vacancies  arising  in  district  board  of  regis- 
try and  election.     Section  312, 

Such  judge  or  judges,  or  any  judge  hearing  a  case  in  the  Circuit  Court,  shall 
hear  complaints  regarding  the  fitness  or  eligibility  of  persons  chosen  to  serve 
on  county  boards  and  summarily  determine  such  questions.     Section  314. 

Judge  of  Court  of  Common  Pleas  to  review  action  of  county  board  in  revising 
primary  list.     Section  336. 

Judge  of  Court  of  Common  Pleas  or  Justice  of  Supreme  Court  may  issue  cer- 
tificates directing  the  transfer  of  a  voter  from  the  registry  list  in  one  district  to 
that  of  another.     Section  357. 

He  shall  have  power  to  hold  Court  of  Common  Pleas  on  the  day  preceding 
election  to  revise  and  correct  the  registry  lists.  Section  2y<).  And  on  election 
day  to  inquire  in  a  summary  way  whether  voter  whose  vote  has  been  refused  or 
rejected  by  any  district  board  of  election  is  entitled  to  vote  in  such  election  dis- 
trict.    Section  280. 


XIII.      NOMINATIONS    OF   CANDIDATES. 

Di£Ferent    Methods    of    Nomination — 

Candidates  of  all  political  parties  which,  at  the  last  election,  cast  five  per  cent, 
or  more  of  the  total  number  of  votes,  shall  be  nominated  at  primaries  conducted 
at  public  expense.  (See  Primary  Elections)  Parties  casting  more  than  two  per 
cent,  and  less  than  five  per  cent,  may  nominate  by  party  convention.  Section  38. 
Those  parties  casting  less  than  two  per  cent,  may  nominate  by  petition.  Sec- 
tion 41. 

By  Petition  of  Legal  Voters — 

Candidates  for  State  offices,  and  for  offices  in  a  political  division  less  than  the 
State,  may  also  be  nominated  and  have  their  names  printed  upon  the  official  ballot 
upon  petition  signed  by  legally-qualified  voters  equal  in  number  to  at  least  two 
per  centum  of  the  entire  vote  cast  for  members  of  the  General  Assembly  at  the 
last  preceding  general  election  in  the  State,  county,  district  or  other  political 
division ;  provided,  that  no  more  than  eight  hundred  names  shall  be  required  for 
each  candidate  named  for  a  State  office,  and  not  more  than  one  hundred  names 
for  any  candidate  for  any  office  in  a  political  division  less  than  the  State,  and 
that  in  the  case  of  a  newly-established  election  district,  county,  city  or  other 
political  division,  fifty  signatures  shall  be  sufficient  to  a  petition  nominating  can- 
didates for  the  first  election.    Section  41.     (See  Form  I^o.  10.) 


264 


Vacancies — How  Filled- 


To  fill  vacancies,  when  a  candidate  declines  or  dies  before  election,  or  the  cer- 
tificate of  nomination  is  insufficient  or  inoperative,  the  nomination  shall  be  made 
in  the  manner  required  for  original  nominations.  Section  45.  (See  Forms  Nos. 
p  and  II. 

Committees,  when  so  empowered  by  conventions,  may  fill  such  vacancies.  Sec- 
tion 45. 

When   Certificate   of  Nomination  Shall  Be  Filed — 

All  nominations,  whether  by  convention  or  by  petition,  shall  be  certified  in 
form  prescribed  (Sections  39,  41;  see  Forms  Nos.  8,  9,  10  and  11),  and  shall  be 
filed  as  follows :  For  State  officers  and  members  of  Congress,  in  d'stricts  embrac- 
ing more  than  one  county,  with  the  Secretary  of  State  twenty-five  days  before 
election ;  all  certificates  and  petitions  naming  candidates  to  be  voted  for  by  all 
the  voters  of  a  single  county  or  more  than  a  single  political  division  thereof,  o'r 
where  candidates  for  city  offices  are  to  be  voted  for  upon  the  county  ticket,  shall 
be  filed  with  the  clerks  of  the  respective  counties  wherein  the  officers  nomi- 
nated are  to  be  voted  for  at  least  thirty  days  prior  to  such  election ;  all  other 
certificates  and  petitions  shall  be  filed  with  the  clerks  of  the  respective  munici- 
palities wherein  the  candidates  nominated  are  to  be  chosen  at  least  twenty-five 
days  before  the  election  whereat  they  are  to  be  voted  for.     Section  42. 


Amendment  of  Certificates  and  Petitions — 

Certificates  and  petitions  of  nomination  may  be  amended,  in  form  or  substance, 
at  any  time  after  having  been  filed,  not  later  than  five  days  before  the  election. 
Section  235. 


Acceptance   of  Nomination — 

Candidates  must  accept  their  nominations  in  writing  and  file  the  acceptances 
with  the  certificates  of  nomination.     Section  42.     (See  Forms  Nos.  8,  p  and  10.) 


When  Nomination  by  Petition  or  Certificate   is   Not  Required — 

Generally,  candidates  must  be  nominated  by  petition  or  certificate.  They  must 
be  so  nominated  in  all  general  elections,  and  in  all  charter,  local  or  special  elec- 
tions, held  in  the  cities  and  towns  of  this  State,  and  in  all  other  municipalities 
having  by  the  last  State  or  federal  census  a  population  exceeding  8,000  inhabit- 
ants. Such  nomination,  however,  is  not  required  for  annual  township  elections, 
nor  for  the  charter,  local  or  special  elections  held  in  those  municipalities  (exclu- 
sive of  cities  and  towns)  which  have  a  population  of  8,000  inhabitants  or  less. 
Compare  Sections  85  and  234. 


Certificates  Open  to  Public  Inspection — 

All  certificates   and  petitions,   when  filed,  shall   be   open   to   public   inspection, 
and  shall  be  preserved  one  year.    Section  42. 


26s 


XIV.     OFHCIAL  BALLOTS. 

When  Required  and  When  Not  Required  to  be  Used — 

Official  ballots  are  required  to  be  used  at  all  general  elections.  (See  Sections 
41,  365-) 

Printed  and  Distributed  at  Public  Expense — 

All  ballots  to  be  cast  at  any  general  election,  and  any  local,  charter  or  special 
election  in  any  city  in  this  State,  shall  be  printed  and  distributed  at  public  ex- 
pense. Sections  48,  234.  Sample  ballots  mailed  each  voter  before  election.  Sec- 
tion 364-     Blanket  ballots  to  be  used.    Section  358. 

How  Ballots   Shall  Be  Printed — 

All  ballots  shall  be  printed  with  black  ink  on  plain  white  paper  of  such  thick- 
ness that  the  printing  thereon  cannot  be  distinguished  from  the  back.  They  shall 
be  of  uniform  size,  quality  of  type  and  without  any  mark,  word,  device  or  figure 
thereon.    Section  49, 

For  arrangement  of  ballot,  size  of  type,  etc.,  see  Sections  359,  360.  Each 
ballot  shall  have  at  the  top  thereof  a  perforated  coupon  to  be  prepared  as  pro- 
vided in  Section  362,  and  also  as  provided  in  this  section,  each  ballot  shall  have 
at  the  top  thereof,  the  words  "Official  Ballot,"  etc.,  together  with  the  facsimile 
signature  of  the  county  clerk.  Where  questions  are  to  be  voted  on,  they  shall 
be  printed  as  provided  in  Section  363, 

Sample   Ballots — 

County  clerks  shall,  ten  days  before  election,  or  such  day  as  may  be  fixed  by 
law  for  holding  a  special  election  throughout  the  county,  furnish  to  each  munici- 
pal clerk,  a  sufficient  number  of  official  sample  ballots,  together  with  a  sufficient 
number  of  one-cent  stamped  envelopes  to  enable  each  of  the  boards  of  registry 
and  election  to  mail  one  copy  of  the  official  sample  ballot  to  each  registered 
voter  in  his  district,  and  the  municipal  clerk  shall  deliver  said  ballots  at  his  office 
on  or  before  Tuesday  preceding  the  general  or  special  election,  to  the  clerk  of 
the  board  of  registry  and  election,  and  the  said  board  shall  prepare  and  deposit 
in  the  post-office,  before  12  o'clock,  noon,  on  the  Wednesday  preceding  election 
day,  an  envelope  containing  one  said  sample  ballot  addressed  to  each  registered 
voter  in  the  district.  The  said  sample  ballots  shall  be,  as  nearly  as  possible,  a 
facsimile  of  the  official  ballot,  but  shall  be  printed  on  paper  of  different  color  with 
the  words :  "This  ballot  cannot  be  voted ;  it  is  a  sample  copy  of  the  official  ballot 
used  on  Election  Day,"  printed  in  large  type  at  the  top.     See  Section  364- 

How  and  When  Ballots  Shall  Be  Delivered — 

The  ballots  shall  be  printed  and  in  possession  of  the  county  clerk  at  least  five 
days  before  the  election  (Section  53),  and  shall  be  delivered  to  the  clerk  of  each 
township,  city  or  other  municipality  three  days  prior  to  the  election,  in  sealed 
packages,  clearly  addressed  on  the  outside,  stating  the  election  district  for  which 
each  package  is  intended  and  the  number  of  ballots  and  envelopes  enclosed.  The 
township  or  municipal  clerk   (as  the  case  may  be)   shall,  on  the  day  before  the 


266 

election  (on  Saturday  before  when  election  takes  place  on  Monday),  deliver  to 
one  of  the  election  clerks  in  each  district  the  package  of  ballots  addressed  to  his 
district  and  the  election  clerk  is  required  to  deliver  the  package,  with  the  seals 
unbroken,  to  the  election  board  on  the  morning  of  the  election  before  the  polls 
are  opened.  In  all  cases  when  packages  of  ballots  are  delivered  the  clerks  are 
required  to  give  and  take  receipts  therefor,  and  to  file  or  preserve  the  receipts. 
Section  54.     (See  Form  No.  20.) 

Shall   Be   Subject   to    Inspection,    and   Shall    Be    Reprinted    if    Mistakes    are 
Discovered — 

The  ballots,  while  in  possession  of  the  county  or  municipal  clerk,  are  subject 
to  inspection  and  examination  by  the  candidates  and  their  agents ;  if  any  mistake 
is  discovered,  the  clerk  is  required  immediately  to  destroy  the  incorrect  or  in- 
complete ballots  and  cause  new  ballots  to  be  printed  in  their  stead.  Summary 
proceedings  may  be  taken  before  a  Justice  of  the  Supreme  Court  to  require  the 
clerk  to  comply  with  the  law  in  this  regard.     Section  53. 

If  Not  Delivered  in  Time,   or  Lost   or  Stolen,   Township    or   Other   Clerks 
Shall  Provide — 

If  the  official  ballots  shall  not  be  delivered  at  the  time  specified  or  should  be 
destroyed  or  stolen,  or  the  official  supply  shall  be  exhausted  and  other  official 
ballots  cannot  be  obtained  in  time  for  the  election,  the  township  or  other  muni- 
cipal clerk,  or  the  election  board  (as  the  case  may  require),  shall  cause  other  bal- 
lots to  be  prepared  in  the  form  prescribed,  omitting  the  endorsement  at  the  top, 
and  the  board  of  election  shall  use  the  same  at  the  election.  A  statement  of  the 
facts  shall  be  made,  under  oath,  by  the  person  preparing  the  new  ballots.  When 
the  official  ballots,  or  either  of  them,  for  the  reasons  named,  are  dispensed  with, 
the  mode  and  manner  of  voting  shall,  in  all  respects,  conform  to  the  requirements 
of  the  law.     Section  55. 


XV.     COUNTY   BOARDS    OF   ELECTIONS. 
Appointment — 

The  county  board  of  elections  shall  consist  of  four  persons,  to  be  commissioned 
by  the  Governor,  upon  nomination  of  the  chairmen  of  the  two  largest  political 
parties,  provided  the  nominations  are  made  in  the  month  of  June,  otherwise  the 
Governor  may  appoint  men  of  his  own  selection.  Vacancies  caused  by  death  or 
disability  shall  be  filled  for  the  unexpired  term.     Section  13. 

Term — 

The  terms  of  office  of  members  of  the  county  board  of  elections  are  two  years, 
the  terms  of  two  members  expiring  on  August  ist  in  each  year.     Section   13. 


267 


Oath- 


Each  member,  before  entering  upon  the  performance  of  his  duties,  is  required 
to  take  and  subscribe  an  official  oath,  after  which  he  can  administer,  at  any  meet- 
ing of  the  board,  any  oath  or  affirmation  required  or  permitted  by  the  Election 
law.     Section  id.     (See  Form  No.  i6.) 

Office— 

The  board  of  chosen  freeholders  shall  provide  the  county  board  of  elections 
with  a  suitable  office  and  furniture,  in  the  county  court  house,  or  in  a  building  at 
the  county  seat  as  near  as  possible  to  the  court  house.     Section  13. 

Organization — 

On  the  first  Tuesday  in  August,  or  on  such  other  day  as  the  board  may  agree 
on  within  the  first  ten  days  in  August,  the  county  board  shall  meet  at  the  county 
court  house,  or  other  place  provided  for  them,  and  organize  by  selecting  a  chair- 
man and  secretary,  who  shall  not  be  of  the  same  political  party.  Failing,  after 
three  ballots,  to  elect,  the  oldest  member  in  years  shall  be  chairman  and  the  next 
oldest,  not  of  the  same  party,  shall  be  secretary.     Section  14. 

Appointment   of  District  Boards — 

County  boards  of  election  shall  choose  district  boards  by  lot.     Section  311. 

Revision  of  Primary  Lists — 

County  board  of  election  shall  meet  on  Friday  succeeding  first  registry  day  to 
revise  primary  list.    Section  336- 


XVI.     DISTRICT  BOARD  OF  REGISTRY  AND  ELECTION. 

Members   Not  Eligible   to  Other  Offices — 

No  election  officer  shall  be  elected  to  any  office  to  be  filled  at  the  election  in 
which  he  shall  serve.    Section  84. 

How  Appointed — 

The  district  boards  of  registry  and  election  shall  consist  of  four  persons,  to  be 
chosen  in  the  following  manner:  The  county  board  of  elections  or  some  person 
appointed  by  the  judge  of  the  court  of  common  pleas  for  this  purpose,  shall  choose 
by  lot  on  or  before  August  twenty-fifth,  from  a  list  of  eligible  candidates  submitted 
by  the  Civil  Service  Commission,  four  persons,  two  being  from  each  of  the  politi- 
cal parties  casting  the  highest  and  next  highest  number  of  votes  for  members  of 
the  General  Assembly  at  the  last  election.  The  eligible  list  shall  be  prepared  as 
provided  for  in  the  309th,  310th  atid  311th  sections  of  the  act,  which  should  be 
carefully  read.     The  chairmen  of  each  of  the  county  committees  of  said  political 


268- 

parties  shall,  on  or  before  the  first  day  of  May,  nominate  in  writing  to  the  .Civil 
Service  Commission^  a  list  of  names.  Five  or  more  legal  voters  may  also  nomi- 
nate candidates.  Section  309.  The  Civil  Service  Commission  shall  examine  the 
persons  so  nominated  regarding  their  qualifications  on  or  before  the  fifteenth  day 
of  August  in  each  year,  and  the  said  commission  shall  certify  on  or  before  the 
twentieth  day  of  August,  the  names  of  the  applicants  whose  examinations  have 
been  found  satisfactory.     Section  310. 

Term   and  Oath — 

The  term  of  office  shall  be  for  two  years  from  September  first.  Section  3^3- 
And  an  oath  shall  be  taken  before  a  duly  authorized  officer  and  filed  in  the  county 
clerk's  office.     Section  16. 

Vacancies — 

Vacancies   in   the  district  board   of    registry  shall  be  filed  by  the  judge  of  the 
court  of  common  pleas,  as  provided  for  in  Section  312. 
Vacancy  on  election  day,  Section  17. 

Organization — 

At  its  first  meeting  the  district  board  shall  organize  by  electing  one  member 
to  be  judge  and  one  member  to  be  inspector ;  the  judge  shall  be  the  chairman 
of  the  board  ;  the  remaining  two  members  of  the  board  shall  be  its  clerks.  If  the 
board  fail  to  elect  a  judge  after  voting  three  times,  the  oldest  member  in  years 
shall  be  judge,  and  if  the  board  fail  to  elect  an  inspector  after  voting  three  times, 
the  next  oldest  member  of  the  board  in  years  shall  become  inspector ;  provided, 
that  both  chairman  and  inspector  shall  not  be  nominees  of  the  same  chairman. 
Section  19. 

Power  to  Administer  Oaths — 

After  having  duly  qualified  according  to  law,  each  member  of  the  board  is 
authorized,  at  any  meeting  thereof,  to  administer  any  oath  or  affirmation  required 
or  permitted  to  be  taken  by  the  Election  law.    Section  16. 

First  Meeting  to  Register  Voters  for  the  Primary  and  for  the  Genera) 
Election  in  Districts  Within  Municipalities  Above  Five  Thousand 
Inhabitants — 

The  first  registry  day  shall  be  on  the  second  Tuesday  in  September,  from  one 
o'clock  in  the  afternoon  until  nine  o'clock  in  the  evening.  At  this  meeting  a 
primary  registry  list,  together  with  a  separate  registry  list  for  the  general  election, 
shall  be  prepared,  as  provided  for  in  Section  333. 

Second  Meeting  to  Register  Voters  for  the  General  Election  in  Districts 
Within    Municipalities    Above    Five    Thousand    Inhabitants — 


The  second  registry  day  shall  be  held  on  the  fourth  Tuesday  in  September,  be- 
tween the  hours  of  seven  o'clock  A.  M.  and  nine  o'clock  P.  M.,  at  which  time 
shall  also  be  conducted  the  primary  election.      (See  Primary  Election.)     Section 


269 

337'     Voters  may  register  for  the  general   election  on  this  day,  but  not  to   vote 
at  the  primaries.    Section  337. 

Third   Meeting   to   Register   Voters   for   the   General   Election   in   District* 
Within    Municipalities    Above    Five    Thousand    Inhabitants — 

The  third  registry  day  shall  be  held  on  the  Tuesday  two  weeks  next  preceding 
the  general  election  between   the   hours   of  one   and   nine   P.   M.     Section  348. 

Rrst    Meeting    to    Register    Voters    for    General    Election    in    Districts    in! 
Municipalities    Having    5,000    Inhabitants    or    Less^ — 

The  board  of  registry  and  election  shall  meet  annually  on  the  second  Tuesday 
of  September,  at  the  place  designated  by  the  township  or  municipal  clerk  (see 
Section  335),  at  10  o'clock  in  the  forenoon,  and,  having  organized,  shall  proceed 
at  once  to  ascertain  by  actual  inquiry  at  every  dwelling  or  habitation,  or  of  the 
head  of  every  family,  the  names  and  residences  and  street  numbers  of  all  legal 
voters  within  their  district ;  they  shall  continue  the  enumeration  from  day  to 
day,  and  shall  complete  the  same  on  or  before  the  following  Friday.  To  facili- 
tate the  work  the  board  may  divide  their  district  into  subdivisions,  and  any  two 
members,  to  be  designated  by  the  chairman,  may,  in  company,  make  the  enumera- 
tion in  such  subdivisions ;  but  no  name  shall  be  entered  upon  the  canvassing-book 
without  the  concurrence  of  bath  members.  When  the  canvass  is  made  by  the 
whole  board,  a  majority  must  concur  to  enter  a  name  on  the  canvassing-book. 
Section  23. 

Second   Meeting    to    Register   Voters    for   General   Election    in   Districts    in 
Municipalities    Having    5^000    Inhabitants    or   Less — 

On  the  fourth  Tuesday  of  September  the  board  shall  meet  at  the  place  desig- 
nated by  the  township  or  municipal  clerk,  at  7  o'clock  A.  M.,  and  remain  in  ses- 
sion until  9  o'clock  P.  M.,  for  the  purpose  of  making  two  alphabetical  lists  or 
registers  of  the  names  of  the  voters  and  their  places  of  residences  and  street 
numbers,  if  any,  and  also  for  the  purpose  of  conducting  the  primary  election. 
These  lists  shall  be  transcribed  from  the  canvassing-books,  and  shall  include  also 
the  names  of  all  persons  not  on  the  canvassing-books,  who  shall  personally  ap- 
pear before  the  board  and  show  to  its  satisfaction  that  they  are  entitled  to  vote ; 
and,  also,  of  all  persons  who  shall  be  shown,  by  the  affidavit  in  writing  of  some 
voter  in  that  election  district,  to  be  a  legal  voter  therein.  Section  23.  (See  Form 
No.  7.)  When  the  lists  are  completed,  the  board  shall  certify  on  each  of  them, 
and  announce  publicly  the  number  of  names  entered  thereon.  On  the  next  day 
each  of  the  clerks  of  election  shall  post,  in  a  conspicuous  place  within  the  dis- 
trict, a  list,  in  hand-bill  form,  of  the  names  entered  on  the  registers,  with  resi- 
dences and  street  numbers,  if  any,  certified  by  the  board,  or  a  majority  of  them, 
to  be  correct  copies  of  the  original  registers.       Section  24. 

Third    Meeting    to    Register    Voters    for    General    Election    in    Districts    in 
Municipalities    Having    5,000    Inhabitants    or    Less — 

On  Tuesday  next  preceding  the  general  election  the  board  shall  meet  and  re- 
main in  session  from  i  o'clock  P.  M.  to  9  o'clock  P.  M.,  to  revise  and  correct  the 
registers,  and  to  add  thereto  the  names  of  all  persons  entitled  to  vote  in  such  dis- 
trict at  the  next  election,  who  shall  appear  in  person,  and  of  erasing  therefrom 


2f9 

the  name  of  any  person  who,  after  a  fair  opportunity  to  be  heard,  shall  be  shown 
not  to  be  entitled  to  vote.  No  name  shall  be  added  to  or  erased  from  the  regis- 
ters without  the  concurrence  of  a  majority  of  the  board.  Section  24.  When  the 
registers  are  completed,  the  board  shall  publicly  announce  and  certify  on  each 
register  the  number  of  names,  thereon,  and  on  the  next  day  succeeding  this  rrieet- 
ing  the  chairman  of  the  district  board  shall  deliver  one  of  them  to  the  county 
board  of  elections  and  the  other  he  shall  retain  for  use  by  the  district  board  on 
election  day.  The  chairman  shall  also  designate  one  of  the  clerks  to  prepare  a 
third  copy  of  the  register,  which  shall  be  certified,  and  the  clerk  shall,  within  the 
next  two  days,  file  the  same  with  the  clerk  of  the  city,  township  or  municipality. 
Section  24. 

Provision  When  Local  Election  Falls  on  Registry  Day  for  General  Election — 

Whenever  the  time  fixed  by  law  for  holding  any  municipal,  local  or  charter 
election  falls  on  any  day  of  registry  for  the  general  election,  the  registry  shall 
take  place  on  the  day  following  such  municipal,  local  or  charter  election.  Sec- 
tion 37. 


Registration  of  Voters  in  Municipalities  Having  Over  5,000  Inhabitants  for 
Elections    Other   than   General   Elections — 

In  all  such  cities  the  district  boards  shall  make,  alter  and  revise  the  registers 
of  voters  for  all  elections  other  than  general  elections.  New  registers  ar?  not 
necessary  where  the  election  districts  remain  unchanged,  but  in  such  cases  re- 
vision and  correction  only  are  to  be  made.  Each  board  shall  meet  at  the  place 
designated  by  the  city  clerk  on  Tuesday  four  weeks  next  preceding  the  election, 
and  finally  on  Tuesday  two  weeks  before  the  election.  Each  meeting  shall  con- 
tinue from  I  to  9  o'clock  P.  M.  Section  26.  The  city  clerk  shall  deliver  to  each 
district  its  register  used  at  the  preceding  general  election  at  least  six  weeks  be- 
fore the  election,  the  city  clerk  having  obtained  the  same  from  the  county  board 
of  elections  seven  weeks  before  the  election.  Section  27.  The  city  clerk  shall 
publish  notice  of  the  registration,  including  a  short  description  of  boundary  lines 
of  election  districts  and  location  of  polling-places,  at  least  two  weeks  before  the 
first  registration  day  in  at  least  two  newspapers.  Section  28.  The  district  boards 
shall  add  to  the  registers  in  the  same  manner  as  for  general  elections,  and  on 
the  day  succeeding  the  first  registration  day  each  of  the  clerks  shall  post  in  a 
conspicuous  place  a  copy  of  the  revised  register,  and  on  the  day  succeeding  the 
second  registration  day  the  chairman  shall  deliver  one  copy  thereof  to  the  county 
board  of  elections  and  retain  one  copy  for  use  by  the  district  board  on  election 
day.    Section  26. 

Registration   of   Voters   for   Township   and  Local   Elections    in   Districts    in 
Municipalities   Having   5,000   Inhabitants   or  Less — 

No  new  registration  is  required  within  any  district  in  any  township,  town  or 
borough  or  other  municipality  outside  of  municipalities  having  over  5,000  inhab- 
itants, for  any  township,  charter,  local  or  special  election.  In  every  such  district 
the  district  board  shall  procure  the  copy  of  the  register  for  the  preceding  election 
filed  with  the  township  or  municipal  clerk  and  use  it,  revising  and  correcting  it 
in  the  manner  provided  for  the  revision  and  correction  of  registers  in  municipali- 
ties having  over  5,000  inhabitants.     Such  boards  shall  meet  for  this  revision  and 


correction  on  the  Tuesday  next  preceding  the  election,  and  each  election  clerk 
shall  post  at  least  three  notices  of  the  time  and  place  of  the  meeting  in  con- 
spicuous places  at  least  one  week  before  the  meeting.  No  copy  of  the  register 
need  be  posted,  but  on  the  day  after  the  meeting  one  copy  shall  be  filed  with  the 
county  board  of  elections.    Section  2<). 

Registration  by  Affidavit — 

Whenever  a  voter  is  registered  by  affidavit,  whether  for  a  general  election  or 
for  a  township,  town,  borough,  municipal,  charter  or  local  or  primary  election, 
a  separate  affidavit  is  required  for  each  person  registered.  (See  Form  No.  7.) 
It  must  also  contain  the  address  of  the  affiant  and  be  signed  by  him.  All  affidavits 
must  be  preserved  by  the  judge  of  election  until  the  completion  of  the  registry, 
and  then  be  delivered  by  him  to  the  county  board  of  election,  who  shall  give  a 
receipt  for  the  same,  stating  the  number  received.  The  county  board  shall  pre- 
sers'e  the  affidavits  for  six  months.  Section  32.  Each  district  board  shall  regis- 
ter the  name  of  every  person  who  shall  be  shown  by  the  affidavit  of  a  voter  re- 
siding within  their  election  district  to  be  lawfully  entitled  to  vote.  Sections  23, 
24,  26,  29.  They  shall  also  register  the  name  of  every  person  who  shall  appear 
before  them  and  satisfy  them  by  an  affidavit  that  he  will,  on  the  day  of  the  next 
ensuing  election,  be  entitled,  under  the  constitution  and  laws  of  this  State,  to 
vote  in  that  district.  Section  35.  No  registration  for  general  election  by  affi- 
davit in  municipalities  above  5,000  population.  Section  348.  Any  person  pre- 
vented by  illness  or  absence  from  the  State  from  registering  personally  may  regis- 
ter by  affidavit  on  form  to  be  procured  from  board  of  registry  and  election. 
Section  349.  Persons  in  the  employ  of  United  States  Government  who  have  the 
right  to  and  desire  to  exercise  the  rights  of  franchise  may  register  by  affidavit. 
Section  428. 

The  Proceedings  Shall  Be  Open  to  the  Public — 

The  proceedings  of  the  board  shall  be  open  to  the  public,  and  all  persons  en- 
titled to  vote  in  the  district  shall  be  entitled  to  be  freely  heard  in  relation  to  the 
revision  and  correction   of  the  registers.     Section  32. 

Certificate  to  Voter  Who  Has  Removed — 

No  person  shall  vote  at  any  general  election  in  any  election  district  other 
than  the  one  in  which  he  is  registered,  unless  he  shall  appear  before  either  the 
justice  of  the  Supreme  Court  holding  the  circuit  court  in  said  county,  or  one  of 
the  judges  of  the  Court  of  Common  Pleas  of  said  county,  or  one  of  the  judges 
assigned  to  hold  the  circuit  court  of  said  county,  at  the  court  house,  or  at  such 
other  place  within  each  county  as  will  be  most  convenient  and  accessible  to  the 
largest  number  of  voters  in  said  county,  at  which  the  said  justice  or  judge,  in  his 
discretion,  shall  authorize,  on  or  prior  to  the  day  of  the  general  election,  and 
shall  make  proof  to  the  satisfaction  of  said  justice  or  judge  that  he  has  moved 
from  the  election  district  in  which  he  has  registered  since  the  day  on  which  he 
did  register,  and  that  he  has  moved  into  another  district  in  said  county,  and  shall 
obtain  from  said  justice  or  judge  an  order  sealed  with  the  seal  of  the  county 
clerk,  directing  the  board  of  registry  and  election  to  place  the  name  of  the 
said  voter  upon  the  registry  of  the  said  election  district ;  said  order  shall  be 
shown  to  the  board  of  registry  and  election  in  which  said  voter  is  registered  and 


>  2/2 

said  board  shall  thereupon  erase  his  name  from  said  register  and  issue  a  transfer 
as  now  provided  by  law,  which  transfer  and  the  order  of  the  court  shall  be  filed 
by  the  voter  with  the  board  of  registry  and  election  in  the  election  district  where 
said  voter  desires  to  vote,  and  said  board  shall  obey  said  order.  Section  357. 
(See  Form  No.  19.) 

Conducting   General,    Local,    Township    and    Municipal    Elections — 

The  board  of  chosen  freeholders  of  each  county  is  required  to  provide  and 
keep  in  good  repair  ballot-boxes  for  use  in  the  respective  election  districts,  of  the 
form  prescribed  by  law,  for  both  the  general  elections  and  the  primary  elections. 
Section  60. 

In  all  elections,  general,  local  or  charter,  the  polls  shall  open  at  6  o'clock  in 
the  morning  and  close  at  7  o'clock  in  the  evening,  and  shall" be  kept  open  during 
the  whole  of  the  day  of  election  between  the  hours  aforesaid,  except  that  an 
adjournment  may  be  had  from  i  o'clock  until  2  o'clock  in  the  afternoon,  or  for  a 
shorter  time  between  those  hours.  Section  4.  The  decision  of  a  majority  of  the 
board  of  election  on  any  question  shall  be  taken  as  the  decision  of  the  board, 
and  final,  any  member,  however,  having  the  righ,t  to  record  and  sign  his  dissent 
in  the  poll-book.    Section  go. 

The  boards  of  registry  and  election  shall  hold  and  conduct  all  general,  munici- 
pal, local  and  special  elections  to  be  held  throughout  this  State.    Section  64. 

As  soon  as  the  election  is  opened,  and  before  receiving  any  vote,  the  board  of 
election  shall  make  public  proclamation  of  the  opening  of  the  election,  and  of 
their  readiness  to  receive  the  votes  of  voters  and  exhibit  the  ballot-box,  so  that 
bystanders  can  see  that  there  is  nothing  contained  therein.    Section  66. 

The  poll-book  shall  be  kept  by  one  of  the  clerks  of  election,  who  shall  number 
and  record  the  names  and  residences  of  the  persons  voting  in  the  order  in  which 
their  votes   are   received.     The   poll-book  in   municipalities  below   five   thousand, 

shall  have  a  heading  as  follows :  "Names  of  voters  at  an  election  held  in  

district  of  —  in  the  county  of  ,  on  the  day  of  ,  in  the 

year  of  our  Lord  one  thousand  hundred  and  ,  for  '■ — "   (naming 

the  offices  to  be  filled.)     Section  67.     (See  Form  No.  21.) 

For  municipalities  above  five  thousand  inhabitants,  the  poll-book  shall  have 
six  columns,  headed  respectively :  "Number  of  voter,"  "names  of  voters,"  "resi- 
dence of  voter,"  "signature  or  statement  number  of  voter,"  "signatures  com- 
pared," and  "remarks."    Section  351. 

If  they  adjourn  before  the  close  of  election,  they  shall  state  in  the  poll-book, 
immediately  after  the  last  name  therein,  in  words  written  in  full  length,  the 
whole  number  of  the  names  of  the  voters  in  the  poll-book,  to  which  the  mem- 
bers of  the  board  shall  sign  their  names  (seeForm  No.  22),  and  shall  unlock 
the  ballot-box,  secure  the  bar  or  bolt  so  as  to  prevent  the  insertion  of  ballots; 
place  therein  the  poll-book,  and  shut  and  lock  the  ballot-box.  During  the  adjourn- 
ment the  ballot-box  shall  be  kept  in  public  view.  Section  77.  At  the  opening 
of  the  election  the  keys  of  the  ballot-box  shall  be  distributed  amongst  the  mem- 
bers of  the  board  of  registry  and  election,  each  member  keeping  the  key  deliv- 
ered to  him  until  a  statement  of  the  result  of  the  election  shall  have  been  made 
and  certified  as  required  by  law.     Section  6$. 

No  person  shall  be  allowed  to  vote  whose  name  does  not  appear  on  the  register 
(Section  33),  except  upon  presentation  of  a  certificate  of  removal  after  being 
registered  in  another  district.     (Section  357,  Form  19.) 

The  board  shall  challenge  every  person  who  shall  claim  to  have  a  right  to  vote 


^7Z 

whom  they  shall  know,  suspect  or  believe  not  to  be  a  qualified  or  entitled  to  vote 
(see  Section  72),  and  for  the  purpose  of  satisfying  themselves  as  to  the  right  of 
any  person  to  vote  they  may  examine  him,  and  any  other  person  or  persons,  under 
oath  or  affirmation.  Section  75.  For  oaths  administered  in  cases  of  challenge, 
see  Section  73. 

The  board  shall  keep  the  election  booths  or  compartment  supplied  with  lead 
black  pencils,  and  shall  allow  no  person  within  the  railed  enclosure  while  the 
election  is  in  progress,  except  the  election  officers,  and  voters  entering  the  same 
for  the  purpose  of  preparing  their  ballots  and  voting.  Also,  they  shall  allow  no 
person  to  be  present  in  the  polling-room  outside  the  railed  enclosure  during 
the  progress  of  the  election,  except  the  officers  connected  with  the  election,  the 
candidates  and  their  duly  authorized  agents,  and  the  agents  of  the  parties,  such 
voters  as  are  actually  present  for  the  purpose  of  voting  and  the  officers  duly  ap- 
pointed for  keeping  the  peace.  Section  78.  The  method  of  voting  is  set  out  in 
full  in  Section  366. 

Preservation   of  Order  at  Polls — 

It  is  the  duty  of  the  board  to  preserve  the  peace  and  maintain  good  order  at 
the  polling-place,  and-  for  that  purpose  they  are  invested  with  the  powers  and 
duties  of  constables,  and  they  may  request  the  municipal  authority  to  detail  one 
or  more  policemen  to  assist  them.  Section  S3.  They  may  also  commit  to  the  com- 
mon jail  of  the  county,  for  a  period  not  exceeding  three  days,  by  an  order  in 
writing,  any  person  who  refuses  to  obey  their  lawful  commands  and  who  by  dis- 
orderly conduct  in  their  hearing  or  presence  shall  interrupt  or  disturb  their  pro- 
ceedings, which  order  shall  be  executed  by  any  sheriff  or  constable,  or  in  case 
of  the  absence  of  the  sheriff  or  constable,  by  any  person  deputed  in  writing  for 
that  purpose.    Section  i86- 

Canvassing  the  Vote — 

Immediately  after  closing  the  polls  the  clerk  keeping  the  poll-book  shall  state, 
after  the  last  name,  in  words  written  at  full  length,  the  whole  number  of  the 
names  of  the  voters  in  the  poll-book,  as  follows :  "The  whole  number  of  the 
names  of  the  persons  whose  votes  have  been  received  during  the  election  is 
,"  The  members  of  the  district  board  shall  sign  their  names  thereto.  Sec- 
tion 86.  (See  Form  No.. 23.)  The  board  shall  then  unlock  the  ballot-box  and  can- 
vass the  votes.  The  judge  shall  take  the  ballot  from  the  box  separately,  read  it 
publicly  and  deliver  it  to  the  inspector,  who,  being  satisfied  that  the  ballot  was 
properly  read,  shall  number  the  ballot  on  its  back,  and  string  the  ballot.  Section 
87.  Each  clerk  shall  keep  a  tally-sheet.  Section  88.  The  excess  of  ballots  in 
the  box  over  the  number  of  names  on  the  poll-book  are  void.  All  marked  ballots 
are  void.  Sections  58,  85.  All  ballots  on  which  any  name  is  written  in  ink  or 
with  pencil  other  than  black,  or  on  which  pasters  are  used  printed  otherwise  than 
with  black  ink  on  white  paper,  are  void.  Sections  59,  85.  But  if  a  voter  marks 
more  names  than  there  are  persons  to  be  elected  to  office,  and  his  choice  cannot 
be  determined,  his  ballot  shall  not  be  counted  for  such  officer,  but  shall  be  counted 
for  such  other  officers  as  are  properly  marked  ;  such  ballots  to  be  marked  "de- 
fective." Sections  92  and  367-  No  ballot  wholly  void  shall  be  canvassed,  esti- 
mated or  numbered,  but  on  all  such  ballots  shall  be  written  the  words  "rejected 
ballot,"  and  shall  then  be  strung  on  a  different  twine  from  the  other  ballots. 
Sectioyx  gi.     After  all  the  votes  shall  have  been  read,  examined,  numbered  and 


274 

strung  as  directed,  the  board  shall  cast  up  the  vote  given  for  each  person.  Sec- 
lion  88.  They  shall  then  personally  examine  the  tally-sheets,  and  if  they  find 
these  sheets  and  the  record  of  the  canvass  to  be  correct,  shall  sign  the  returns. 
Section  89.  A  plurality  of  votes  is  sufficient  to  elect,  and  a  tie  vote  renders  the 
office  vacant.  Section  93.  When  a  question  or  proposition  is  to  be  voted  on,  "a 
majority  of  the  legal  voters"  means  a  majority  of  the  legal  voters  voting  on  such 
question  or  proposition.     Section  185. 

Statement   of  Result   of   General   Election — 

After  the  canvass  has  been  made,  the  board  of  election  shall  make  a  statement 
of  the  result  thereof,  and  a  certificate  thereto  of  the  form  prescribed  by  law. 
Section  95.  No  member  shall  sign  such  statement  until  after  the  completion  of 
the  counting  of  the  votes  and  his  personal  examination  of  the  tally-sheets  to  de- 
termine the  result.  Section  89.  A  copy  of  the  same  shall  be  made,  signed  and 
delivered  to  the  township  or  city  clerk,  and  a  copy  within  two  days  to  the  county 
clerk.  In  the  case  of  an  election  for  Governor,  or  for  members  of  the  House  of 
Representatives,  or  for  electors  of  President  and  Vice-President,  a  copy  shall 
also  be  made  and  signed,  and  sent  by  mail  within  two  days  to  the  Secretary  of 
State.     Section  96- 

Statement     of     Result     and     Determination     of     Township     or     Municipal 
Elections — 

In  every  township  or  municipality  (other  than  cities)  containing  but  one  elec- 
tion district,  the  members  of  the  district  board  of  election  conducting  any  town- 
ship, local  or  charter  election  therein  shall,  upon  the  close  of  the  election,  ascer- 
tain and  determine  what  officers  have  been  elected,  sums  of  money  voted  or  pro- 
positions adopted,  and  the  result  of  the  election  in  all  other  particulars ;  in  every 
township  or  municipality  containing  more  than  one  election  district  the  members 
of  the  district  boards  of  election  conducting  any  such  election  shall  meet  on  the 
day  after  holding  the  same,  at  the  hour  of  two  o'clock  in  the  afternoon,  at  the 
polling  place  in  the  district  in  which  the  township  or  municipal  clerk  may  reside, 
and  when  so  met  shall  ascertain  and  determine  in  like  manner  the  results  of  said 
election  in  said  township  or  municipality  ;  provided,  that  when  such  township  or 
municipality  contains  more  than  two  election  districts,  two  members  only  from 
the  board  of  election  of  each  district,  to  be  designated  by  the  board,  shall  meet 
in  like  manner  and  ascertain  the  result  of  said  election  as  above  provided ;  such 
determination  shall  be  written  out  and  signed  by  the  election  officers  making  the 
same,  and  forthwith  delivered  to  and  filed  by  the  township  or  municipal  clerk. 
Section  94. 

The  determination  of  the  result  of  the  city  election  is  made  by  the  county  can- 
vassers.    Sections    102,   ill. 


Disposition  of  Ballot-box,  Keys  and  Papers — 

The  ballots  cast  at  the  election,  whether  counted  or  rejected,  the  poll-list,  the 
tally  papers  and  all  unused  and  all  spoiled  official  envelopes,  shall  be  deposited  in 
the  ballot-box,  which,  being  locked  and  bound  with  tape  and  sealed,  shall  be  de- 
livered to  the  township  or  city  clerk.  In  each  city  the  city  clerk's  office  shall  be 
kept  open  for  the  reception  of  the  ballot-boxes,  and  a  record  kept  of  the  time  of 


275 

their  reception  and  the  names  of  the  persons  delivering  them.  Sections  99,  346  and 
366.  The  checked  register  of  voters  used  at  the  election  shall  be  filed  and  the 
ballot-box  keys  shall  be  deposited  with  the  county  clerk.     Section  67. 

Mailing   Sample   Ballots — 

District  boards  shall  mail  to  every  voter  sample  ballot  before  Wednesday  noon 
preceding  general  election  day.    Section  364, 

District  board  of  registr>-  and  election  shall  mail  sample  ballots  to  every  voter 
on  Wednesday  preceding  primary  day.     Section  334. 

Transfer    Certificates — 

District  board  shall  issue  transfer  certificates  to  voters  from  one  district  to 
another  for  primary  election  in  the  same  manner  as  provided  for  the  issuing  of 
transfer  certificates  for  the  general  election.     Section  337. 

District  boards  shall  not  supply  certificates  of  transfer  of  voters  from  one  dis- 
trict to  another  except  when  authorized  by  the  court  as  provided  for  in  Section  357. 
(Section  356.) 

Boards  Shall  Certify  ResulU — 

District  boards  shall  certify  result  of  primary  election  for  nomination  of  Gov- 
ernor and  for  members  of  Congress  to  county  clerk.     Section  344. 

Supply  County  Clerks   With   Registry   Lists — 

District  board  of  registry  and  election  shall  furnish  county  clerk  immediately 
after  the  close  of  the  last  day  of  registration  in  municipalities  above  five  thousand 
population,  with  a  complete  list  of  persons  registered  for  the  general  election. 
Section  350. 


XVII.     PRIVILEGES  AND  DUTIES  OF  VOTERS. 

May  Attend  Meetings   of  Board  of  Registry  and  be  Heard — 

Every  voter  is  entitled  to  be  freely  heard  in  relation  to  the  revision  and  cor- 
rection of  the  registers,  and  for  that  purpose  may  attend  the  meetings  of  the 
board.     Section  32. 

Who  May  Vote— 

Every  male  citizen  of  the  United  States,  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  resident  of  this  State  one  year,  and  of  the  county  in  which  he 
claims  his  vote  five  months,  next  before  the  election,  and  who  has  also  complied 
with  the  registration  laws,  and  has  not  disqualified  himself  by  any  crime,  has  the 
right  to  vote.     Sections  68,  69,  71,  7S  and  82. 


276 

How  He  Shall  Prepare  Hi»  Ballot  and  Vote  It — 

See  Section  366. 

May  Vote  Although  His  Name  Has  Been  Checked — 

A  legal  voter  whose  name  has  already  been  checked  as  having  voted  may  vote 
notwithstanding  such  checking,  on  satisfying  the  board  that  he  has  not  previously 
voted.    Section  82. 

When  and  How  He  May  Be  Assisted — 

See  Section  368.     (Form  No.  24.) 
Shall  Not  Exhibit  His  Ballot  or  Reveal  Its   Contents — 

No  voter  shall,  within  the  polling-room,  show  his  ballot,  after  it  has  been  pre- 
pared for  voting,  to  any  person  in  such  a  way  as  to  reveal  its  contents.  Section 
198. 

When  a  Naturalized   Citizen   is   Challenged — 

If  a  naturalized  citizen's  right  to  be  registered  is  challenged  he  is  required  to 
prove  to  the  satisfaction  of  a  majority  of  the  board,  by  affidavit  or  otherwise, 
that  he  is  entitled  to  vote  in  that  district  at  the  next  election,  or  he  shall  produce 
his  certificate  of  naturalization,  or  shall  have  been  duly  registered  at  a  previous 
election  in  that  district.     Section  73- 

Freedom  from  Arrest  on  Civil  Process — 

No  person  having  the  right  to  vote  shall  be  arrested  by  virtue  of  any  civil  pro- 
cess on  the  day  on  which  an  election  shall  be  held.    Section  70. 


XVIIl.     AGENTS  OR  CHALLENGERS. 

Chairman  of  County  Committee  May  Appoint — 

See  Section  63-     {Forms  17  and  18.) 

Candidate  by  Petition  May  Appoint — 

Any  candidate  duly  nominated  by  petition  may  likewise  appoint  two  agents, 
who  shall  have  permits  issued  to  <them  in  the  same  manner,  and  who  shall  have 
the  same  privileges ;  provided,  that  only  two  agents  shall  be  allowed  for  each  poll- 
ing-place to  represent  all  the  candidates  of  each  petition  or  gi'oup.     Section  63- 

Their   Authority — 

The  agents  so  appointed  shall  file  their  permits  with  the  board  of  registry  and 
election  named  therein,  and  shall  thereupon  have  authority  to  be  present  in  the 
polling-place  during  the  election,  and  to  be  within  the  railed  enclosure  during  the 
counting  of  votes.  Section  63,  They  are  not  entitled  to  any  compensation  from 
public  funds,    Section  180, 


'^11 

For  Municipal  or  Local  Elections — 

For  an  election  within  a  single  municipality  or  subdivision  thereof,  the  agents 
may  be  appointed  by  the  chairman  of  the  committee  of  each  political  party  having 
condidates  in  nomination  for  municipal  offices,  or,  by  any  candidate  nominated 
by  petition,  &c.     Section  63. 


XIX.     SOLDIERS  AND  SAILORS. 

Constitutional  Provision — 

In  time  of  war  no  elector  in  the  actual  military  service  of  the  State,  or  of  the 
United  States,  in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by  rea- 
son of  his  absence  from  such  election  district ;  and  the  legislature  shall  have 
power  to  provide  the  manner  in  which,  and  the  time  and  place  at  which,  such 
absent  voters  may  vote,  and  for  the  return  and  canvass  of  their  votes  in  the  elec- 
tion districts  in  which  they  respectively  reside.     Section  220. 

How  Vote  May  Be  Cast — 

See  Sections  221  to  232. 

Preservation   of   Affidavits,   &c. — 

See  Sections  223,  225  and  226. 

Receipts   to   Postmaster — 

Any  person  to  whom  there  has  been  delivered  an  envelope  marked  as  provided 
by  law — that  is,  endorsed  "Soldier's  (or  sailor's)  vote" — shall  give  the  postmaster 
a  receipt  therefor.     Section  227. 

Blank  Forms  and  Envelopes — ^How  Provided — 

See  Section  232. 

Penalties — 

Failure  to  perform  duty  by  any  member  of  the  board  of  election,  presenting 
to  the  board  any  false,  forged,  altered  or  changed  ballot,  envelope  or  instrument 
of  authority,  and  intimidation  of  soldiers  or  sailors  in  the  exercise  of  their  right 
to  vote,  is  made  punishable  by  fine  and  imprisonment.    Sections  229,  230,  231. 


XX.     COUNTY   CANVASSERS. 

Time,   Place  and  Character  of  Meeting — 

The  board  of  county  canvassers  shall  meet  on  Monday  next  after  the  election, 
at  12  o'clock  noon,  at  the  county  court  house.  Section  103.  The  proceedings  shall 
be  open  and  public.     Section  117, 


278 

How    Constituted    and    Organized — 

The  county  board  of  elections  shall  constitute  the  board  of  county  canvassers 
for  all  general  and  special  elections  in  this  State,  and  for  all  local  or  municipal 
elections  in  the  cities  of  this  State.  The  county  clerk  shall  be  clerk  of  the  board. 
Section  102.  If  the  county  clerk  be  absent,  the  board  shall  appoint  a  fit  person 
to  act  as  clerk.  The  chairman  shall  administer  to  the  clerk  of  the  board  (whether 
it  be  the  county  clerk  or  a  person  appointed  by  the  board)  the  official  oath  pre- 
scribed by  law.     Section  104. 

Adjournment — 

If  at  the  time  and  place  appointed  for  the  meeting  of  the  board  a  major  part 
shall  not  attend,  or  if  at  such  time  the  statements  of  the  result  of  the  election 
from  every  election  district  shall  not  be  produced,  the  board  shall  adjourn  to 
some  convenient  hour  on  the  next  day,  and  at  the  hour  to  which  such  adjourn- 
ment shall  be  had,  the  canvassers  then  present  may  proceed  with  their  duties, 
or  they  may  again  adjourn  for  a  period  not  exceeding  three  days.  Section  105. 
In  case  of  adjournment  all  statements  of  the  result  of  the  election  delivered  to 
such  board,  or  to  any  member  thereof,  shall,  in  the  presence  of  the  board  and 
before  it  shall  adjourn,  be  securely  enclosed  and  sealed  and  delivered  to  the 
county  clerk  for  safe  keeping  until  the  next  meeting  of  the  board.     Section  107. 

County  Clerk  to  Obtain  Missing  Statement — 

If  at  the  time  fixed  for  the  meeting  of  the  board  any  of  the  statements  of  the 
result  of  the  election  have  not  been  filed  with  the  county  clerk,  he  shall  forth- 
with, by  special  messenger  or  otherv/ise,  obtain  the  same  for  the  next  meeting 
of  the  board  at  the  expense  of  the  county.  Section  106.  If  a  special  messenger 
be  employed,  he  shall  be  commissioned,  in  writing,  under  the  hand  and  official 
seal  of  the  county  clerk,  and  shall  exhibit  his  commission  to  the  person  to  whom 
he  shall  apply  for  such  missing  statement.  Section  124.  (See  Form  No.  25.) 
All  statements  produced  and  laid  before  the  board  shall  be  filed  by  the  county 
clerk  in  his  office.     Section  116. 

Powers  of  County  Canvassers — 

The  decision  of  the  majority  of  the  members  shall  be  taken  as  the  decision 
of  the  board.  Any  member  may,  however,  dissent  from  any  decision  of  the 
board  by  stating  such  dissent  in  writing  and  delivering  the  same  to  the  county 
clerk  to  be  filed  in  his  office.  Section  117.  Boards  of  county  canvassers  may 
commit  disorderly  persons  who  disturb  their  proceedings  to  the  common  jail  of 
the  county.     Section  186. 

Statements  of  Results  of  Election  Made  by  County  Canvassers — 

The  county  clerk  shall  produce  and  lay  before  the  board  all  statements  of  the 
result  of  election  that  have  been  filed  in  his  office.  Section  103.  The  board  shall 
then  proceed  to  make  two  statements  of  the  result  of  the  election,  in  the  county, 
each  of  which  statements  shall  contain  the  name  of  each  district,  the  number  of 
the  names  of  the  voters  on  the  poll-books  of  each  election  district,  and  of  the 
ballots  rejected,  and  the  whole  number  of  such  names  and  rejected  ballots  in  all 
of  said  election  districts,  the  number  of  votes  given  in  each  election  district  for 


279 

each  person  voted  for,  and  the  whole  number  of  votes  given  for  each  person  for 
any  office,  mentioning  the  office  or  offices  for  which  each  person  was  designated. 
Each  statement  shall  be  certified  to  be  true  and  correct  by  a  certificate  appended 
thereto  signed  by  the  members  of  the  board  making  the  canvass.  Sections  i8o, 
log.  One  of  the  statements  so  made  and  certified  shall  be  delivered  to  the  county 
clerk  and  by  him  filed  in  his  office,  and  the  other  shall  be  enclosed  and  sealed  up 
by  the  chairman  of  the  board,  who  shall  deliver  or  safely  transmit  the  same  to 
the  Secretary  of  State,  so  that  he  shall  receive  the  same  within  three  days  after 
the  meeting  of  the  board,  to  be  filed  by  such  secretary  in  his  office.  Section  no. 
In  case  of  any  municipal  election  in  any  city,  the  second  copy  of  the  state- 
ment, instead  of  being  sent  to  the  Secretary  of  State,  should  be  delivered  or 
transmitted  to  the  city  clerk,  to  be  by  him  filed.  Section-  no.  All  statements 
of  the  result  of  an  election  shall  be  made  by  boards  of  county  canvassers  upon 
the  statements  produced  and  laid  before  them.     Section   113. 

Statements    of  Determination    of   County   Canvassers^ 

In  the  case  of  any  election  for  member  of  the  Senate,  members  of  the  General 
Assembly,  or  for  any  county  or  city  officer  or  officers,  the  county  board  shall  not 
only  make  a  statement  of  the  result  of  the  election,  but  they  shall  also  determine 
who  have  been  elected  and  make  and  certify  a  statement  of  such  determination. 
The  certificate  of  such  determination  shall  be  signed  by  the  chairman  and  at- 
tested by  the  clerk.  The  statement  of  the  determination,  with  such  certificate 
thereto,  shall  be  annexed  to  the  statement  of  the  result  of  the  election  and  de- 
livered to  the  county  clerk,  to  be  by  him  filed.  In  the  case  of  an  election  for 
any  city  officer  or  officers,  another  copy  of  such  determination,  as  to  such  officer 
or  officers,  shall  be  likewise  made,  signed  and  attested,  and  filed  with  the  city 
clerk.  Sections  ill,  112.  All  such  statements  shall  be  made  upon  the  state- 
ments produced  and  laid  before  the  county  board.  Section  113.  The  county 
clerk  shall,  without  delay,  deliver  to  each  person  determined  to  be  elected  to  the 
office  of  Senator,  member  of  the  General  Assembly,  or  to  any  county  office,  a 
copy  of  such  statement  of  determination  and  of  the  certificate  thereto  annexed, 
which  certified  copy  shall  be  signed  by  the  county  clerk  and  have  the  seal  of  the 
county  thereto  affixed.  A  like  certified  copy  shall  be  transmitted  by  the  county 
clerk  to  the  Secretary  of  State  within  five  days  after  the  meeting  of  the  board. 
Section  114.  ' 


XXI.     STATE  CANVASSERS. 

Time  and  Place  of  Meeting — 

The  State  canvassers  shall  meet  in  the  Senate  Chamber,  or  some  other  con- 
venient place,  in  Trenton,  at  2  o'clock  in  the  afternoon  of  the  twenty-first  day 
after  the  election  for  the  purpose  of  canvassing  and  estimating  the  votes  given^ 
for  members  of  the  House  of  Representatives,  electors  of  President  and  Vice- 
President,  or  Governor,  and  of  determining  and  declaring  who  have  been  elected. 
Section  119. 


28o 

How  Constituted  and  Organized — 

The  Governor  and  four  or  more  members  of  the  Senate,  summoned  by  the  Gov- 
ernor and  representing  different  political  parties,  shall  constitute  the  board  of 
State  canvassers.  The  Governor  shall  be  its  chairman,  and  the  Secretary  of 
State,  if  present,  its  clerk.  Section  iig.  The  official  oath  prescribed  by  law 
shall  be  administered  by  the  chairman  to  the  other  members,  and  by  one  of  such 
members  to  the  chairman.  Section  120.  After  such  oaths  have  been  taken,  the 
chairman  shall  administer  the  proper  official  oath  to  the  clerk,  the  board  hav- 
ing the  power,'  in  the  absence  of  the  Secretary  of  State,  to  appoint  a  fit  person 
to  act  as  clerk.     Section  121. 

Vacancies — How  Filled — 

If  a  number  of  the  members  of  the  Senate  summoned  by  the  Governor,  suffi- 
cient to  constitute  the  board,  shall  not  attend  the  meeting  thereof,  the  Governor 
shall  summon  as  members  of  such  board  as  many  fit  persons,  possessing  the  quali- 
fications required  for  members  of  the  Senate,  as  shall  be  necessary  to  complete 
the  number  required  to  constitute  the  board.    Section  122. 

Secretary  of  State  to  Obtain  Missing  Statements — 

If  the  Secretary  of  State  shall  not  receive  from  any  county  board  of  canvassers 
its  statement  of  the  result  of  the  election  in  such  county  within  seven  days  after 
the  meeting  of  the  county  canvassers,  or  if,  having  received  such  statement,  it 
shall  not  include  the  statement  of  the  result  of  the  election  in  every  election  dis- 
trict in  such  county,  he  shall  forthwith,  by  special  messenger  or  otherwise,  ob- 
tain the  missing  statement.  Section  118.  If  a  special  messenger  be  employed, 
he  shall  be  commissioned,  in  writing,  under  the  hand  and  official  seal  of  the 
Secretary  of  State,  and  shall  exhibit  his  commission  to  the  person  to  whom  he 
shall  apply  for  the  statement.  Section  124.  (See  Form  No.  25.)  All  statements 
received  and  obtained  by  him  shall  be  produced  and  laid  before  the  State  board 
of  canvassers.  Sections  118,  123.  If  he  shall  neglect  so  to  do,  the  chairman 
of  the  State  board  shall  summon  him  to  perform  that  duty.  Section  125.  Such 
statements,  after  use  by  the  State  board,  shall  be  filed  by  the  Secretary  of  State, 
in  his  office.    Section  128. 

Meeting  to  be  Public — 

The  proceedings  of  the  State  board  shall  be  open  and  public.     Section  129. 

Powers  of  State  Canvassers — 

The  decision  of  a  majority  of  the  members  of  the  State  board  shall  be  taken 
to  be  the  decision  of  the  board.  Any  member  may,  however,  dissent  from  any 
decision  by  stating  his  dissent  in  writing  and  delivering  it  to  the  Secretary  of 
State  to  be  filed  in  his  office.  Section  129.  The  board  may  commit  to  the  com- 
mon jail  of  the  county  any  disorderly  person  who  may  disturb  their  proceedings. 
Section  186. 

Statements  Made  by  State  Canvassers — 

The  State  board  of  canvassers  shall  make  a  statement  of  the  result  of  the 
election  similar  in  form  to  that  made  by  the  county  canvassers,  which   shall  be 


28l 

certified  to  be  true  and  correct  under  the  hand  of  the  chairman  of  the  board, 
attested  by  the  clerk  thereof.     Section  123. 

The  board  shall  also  determine  the  person  or  persons  elected  to  office,  and 
make  a  statement  of  their  determination  similar  in  form  to  that  made  by  the 
county  canvassers,  which  statement  shall  also  be  certified  to  be  true  and  correct 
under  the  hand  of  the  chairman  of  the  board,  attested  by  the  clerk  thereof.  Sec- 
tion 123. 

Both  of  the  above  statements,  with  the  certificates  thereto  annexed,  shall  be 
filed  in  the  office  of  the  Secretary  of  State.  Section  123.  Both  of  the  said  state- 
ments shall  be  made  only  upon  the  statements  of  the  result  of  the  election  pro- 
duced and  laid  before  the  board.  Section  126.  The  Secretary  of  State  shall  make 
and  deliver  to  each  person  declared  to  be  elected  a  copy  of  the  statement  of  de- 
termination, which  copy  shall  be  certified  under  his  hand  and  seal  of  the  State. 
Section  127. 


XXII.     RECOUNT  OF  VOTES. 

Whenever  any  candidate  at  any  election  shall  have  reason  to  believe  that  an 
error  has  been  made  by  any  board  of  election  or  of  canvassers  in  counting  the 
vote  or  declaring  the  result  of  the  election,  or  whenever  any  citizen  shall  have 
reason  to  believe  that  an  error  has  been  made,  &c.,  whereby  the  result  of  the 
election  has  been  changed,  such  candidate  or  such  citizen  may,  within  ten  days 
after  the  election,  apply  to  a  Justice  of  the  Supreme  Court  for  a  recount,  and 
such  Justice  is  authorized  to  order  a  recount  to  be  made.     Sections  159  to  161. 


XXIII.     CONTESTED  ELECTIONS. 


Governor- 


Proceedings  relating  to  a  contest  in  the  case  of  an  election  for  Governor  are 
prescribed  in  sections  141  and  152. 

Legislature  and  Congress — 

Proceedings  relating  to  a  contest  in  the  case  of  an  election  of  State  Senator, 
member  of  General  Assembly,  or  member  of  the  House  of  Representatives  of  the 
United  States,  are  prescribed  in  sections   153  to   15?- 

County,  Township,  City  or  Other  Municipal  Offices — 

Proceedings  relating  to  a  contest  in  the  case  of  an  election  of  any  officer  of 
any  county,  city,  borough,  village,  township  or  other  municipality,  are  prescribed 
in  sections  162  to  177- 


282 

XXIV.     THE  LEGISLATURE. 


Election  of  Members- 


Members  of  the  General  Assembly  are  elected  annually  on  the  Tuesday  next 
after  the  first  Monday  in  November.     Section  i. 

Apportionment  of  Members — 

The  members  of  the  General  Assembly  are  apportioned  amongst  the  several 
counties  in  the  manner  set  forth  in  section  237. 

Place  of  Meeting — 

The  Senate  and  General  Assembly  shall  convene  and  hold  their  sessions  in  the 
State  House,  at  Trenton.     Section  115. 

Evidence  of  Rigbt   of  Members   to  Seats — 

In  the  organization  of  each  house  the  certified  copies  of  the  statements  of 
determination  of  the  county  boards  of  canvassers,  made  by*  the  county  clerk,  or 
the  certificate  issued  by  the  justice  of  the  Supreme  Court,  in  case  of  a  recount, 
shall  be  deemed  and  taken  to  be  prima  facie  evidence  of  the  right  of  the  persons 
therein  mentioned  to  seats  in  the  houses,  respectively,  to  which  they  have  been 
declared  to  be  elected.     Sections  115,  159. 

Vacancy — How  Created — 

If  any  person  elected  to  the  Senate  or  General  Assembly  shall  neglect  or  re- 
fuse for  ten  days  next  after  the  commencement  of  the  sessions  of  such  house  to 
take  his  seat  therein,  or  to  send  to  such  house  a  satisfactory  excuse,  or  shall, 
during  any  session  of  such  house,  be  absent  unremittingly  for  ten  days  (unless 
expressly  excused  by  such  house),  or  shall  remove  from  and  cease  to  be  a  resident 
of  this  State,  or  of  the  county  for  which  he  may  have  been  elected,  his  office 
shall  be  deemed  vacant.     Section  134. 

Vacancies — How  Supplied — 

Whenever  any  vacancy  shall  happen  in  the  State  Senate  or  General  Assembly, 
the  house  in  which  the  vacancy  happens  shal  lissue  a  writ  of  election  supplying 
the  same,  unless  such  house  shall  be  of  opinion  that  the  services  of  a  person 
in  the  vacant  office  will  not  be  required  during  the  unexpired  portion  of  the 
legislative  year ;  if  the  vacancy  happens  during  the  recess  of  the  Legislature,  or 
after  the  annual  election  and  not  less  than  fifteen  days  before  the  commence- 
ment of  the  legislative  year,  the  Governor  shall  issue  such  writ  of  election,  vmless 
of  opinion  that  the  services  of  a  person  in  the  vacant  office  will  not  be  required 
for  the  unexpired  portion  of  the  legislative  year  ;  the  board  of  chosen  freeholders 
of  any  county  may,  however,  require  such  writ  to  be  issued.  Sections  133,  274, 
275.  The  writ  shall  be  in  the  nature  of  a  proclamation,  shall  be  signed  by  the 
Governor,  President  of  the  Senate,  or  Speaker  of  the  House  of  Assembly,  as  the 
case  may  be,  shall  specify  the  cause  and  purpose  of  the  election,  the  name  of  the 
officer  in  whose  office  the  vacancy  has  occurred,  and  the  day  on  which  the  elec- 
tion shall  be  held,  which  shall  not  be  less  than  fifteen  nor  more  than  forty  days 


283 

from  the  date  of  the  writ.  Section  136.  The  writ  shall  be  delivered  to  the  Sec- 
retary of  State,  who  shall  affix  thereto  the  seal  of  this  State,  and  file  it  in  his 
office  and  send  a  certified  copy  thereof  to  the  clerk  of  the  county  in  whose  rep- 
resentation the  vacancy  happens.  Section  137.  The  county  clerk  shall  publish 
the  copy  so  received  by  him,  at  the  expense  of  the  county,  in  at  least  four  of  the 
newspapers  of  the  county,  at  least  once  a  week,  until  the  time  of  election.  Sec- 
tion 138. 


XXV.      HOUSE  OF  REPRESENTATIVES. 

Who  Not  Eligible- 
No   person    shall   be   elected   a   member  of  the   House  of   Representatives   who 
shall  hold  any  office  of  trust  or  profit  under  the  United  States.     Section   183. 

When  and  How  Members  are  Elected — 

Members  of  the  House  of  Representatives  shall  be  elected  on  the  Tuesday  next 
after  the  first  Monday  in  November,  19 12,  and  at  the  same  time  in  every  second 
year  thereafter.     Section  182. 

Election — How   Certified — 

In  case  of  the  election  of  one  or  more  members  of  the  House  of  Representa- 
tives, a  general  certificate  of  the  election  is  signed  by  the  Governor,  attested  by 
the  Secretary  of  State,  sealed  with  the  seal  of  the  State,  and  transmitted  to  the 
clerk  of  the  House  of  Representatives,  if  in  session,  and,  if  not  in  session,  then 
at  their  first  meeting.     Section  130. 

Vacancy — How  Supplied — 

Sections  135  to  138. 

Congressional  Districts — 

The  congressional  districts  of  this  State  are  set  forth  in  section  239. 


XXVI.     PRESIDENTIAL  ELECTORS. 

Who  Ineligible- 
No  person  shall  be  elected  to  the  office  of  an  elector  of  President  and  Vice- 
President  who   shall  hold  any  office  of  trust  or  profit  under  the   United    States, 
or  who  shall  hold  the  office  of  Senator  or  member  of  the  House  of  Representa- 
tives of  the  United  States.     Section  183. 


284 


Qualifications  of  Electors — 

Each  elector  of  President  and  Vice-President  must  be  a  male  citizen  of  the 
United  States,  of  the  age  of  twenty-five  years  or  upwards,  and  an  inhabitant  of 
this  State,  and  have  been  a  citizen  of  the  United  States  seven  years  next  preced- 
ing the  election.    Section  3- 

When  and  How  Nominated — 

Nominated  at  State  convention.     Section  430. 

When  and  How  Elected — 

They  are  to  be  elected  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber,  191 6,  and  at  the  same  time  in  each  fourth  year  thereafter.     Section  3. 

Election — How  Cert'.fied — 

Their  election  is  certified  by  a  general  certificate  of  election,  signed  by  the 
Governor,  attested  by  the  Secretary  of  State,  sealed  with  the  seal  of  the  State, 
and  delivered  to  the  president  of  the  college  of  electors  of  this  State  on  the  day 
and  at  the  time  and  place  appointed  for  the  meeting  of  the  college.     Section  130. 

Time  and  Place  of  Meeting — 

The  electors  shall  meet  at  the  State  House  at  Trenton,  on  the  day  appointed 
by  Congress,  at  the  hour  of  3  o'clock  in  the  afternoon,  and,  after  choosing  a 
president  and  secretary  from  their  own  body,  shall  proceed  to  perform  the  duties 
required  of  them  by  the  constitution  and  laws  of  the  United  States.     Section  131. 

Vacancies — How  Supplied — 

Vacancies  happening  in  the  electoral  college  shall  be  filed  by  the  other  members 
thereof.     Section  132. 

Charter  Elections  in  Cities  and  Towns  and  in  Municipalities  Having  Over 
8,000  Inhabitants — 

The  provisions  of  the  Election  law  relating  to  the  nomination  of  candidates 
and  the  use  of  official  ballots  apply  to  all  local  and  special  elections  in  all  of  the 
cities  of  this  State.    Section  85. 


XXVII.     INCOMPATIBLE  OFFICES. 

No  person  shall  hold  at  the  same  time  more  than  one  of  the  following  offices : 
Elector  of  President  and  Vice-President  of  the  United  States,  member  of  the 
House  of  Representatives  of  the  United  States,  member  of  the  Senate  or  of  the 
General  Assembly  of  this  State,  county  clerk,  register,  surrogate,  sheriff  or  cor- 
oner. The  acceptance  of  any  such  office  by  a  person  holding  another  of  them 
shall  vacate  the  office  to  which  he  was  previously  elected  or  appointed.  Section 
184.  No  election  officer  is  eligible  to  any  office  to  be  filled  at  the  election  at 
which  he  serves.     Section  84. 


XXVIII.     ELECTION  DISTRICTS. 

No  election  district  within  this  State  shall  contain  more  than  four  hundred 
voters,  except  in  an  election  district  wherein  there  may  be  located  a  home  or 
institution  wherein  persons  entitled  to  vote  may  reside,  and  in  any  such  district 
the  number  of  voters  shall  be  as  near  four  hundred  as  possible.     Section  306. 


XXIX.      COMPENSATION  OF  ELECTION  BOARDS. 

See  Section  316- 

Compensation   for  Services   of  County   and  Municipal  Clerks — 

County  and  mun'cipal  clerks,  for  their  services,  are  entitled  to  fair  and  reason- 
able compensation,  to  be  determined,  in  the  case  of  a  county  clerk,  by  the  board 
of  chosen  freeholders,  and  in  the  case  of  a  municipal  clerk  by  the  governing 
body  of  the  city,  township  or  municipality.     Section  1/9. 

Compensation  of  County  Boards  of  Elections — 

The  county  board  of  elections  are  entitled  to  reasonable  compensation  for  their 
services,  to  be  fixed  by  the  board  of  chosen  freeholders.  The  member  acting  as 
secretary  thereof  may  also  receive  an  additional  compensation  not  exceeding  one- 
third  of  the  compensation  of  the  individual  members  of  the  board,  except  in 
counties  of  the  first  class,  where  each  such  board  shall  have  a  clerk,  who  shall 
receive  such  compensation  as  shall  be  fixed  by  the  board  of  chosen  freeholders. 
Section  180. 

General  Expenses — 

Read  section  180  with  section  315. 


XXX.     CRIMES  AND  PENALTIES. 

Crimes,  misdemeanors  and  other  punishable  acts  are  defined  as  follows : 
Every  person  charged  with  the  performance  of  any  duty  under  the  provisions 
of  any  law  of  this  State  relating  to  elections,  who  willfully  neglects  or  refused 
to  perform  it,  or  who,  in  his  official  capacity,  knowingly  and  fraudulently  acts  in 
contravention  or  violation  of  any  of  the  provisions  of  such  laws,  shall  be  guilty 
of  a  misdemeanor.     Section  4og. 

The  Printer — 

See  Section  199, 


286 


General  Offenses — 


Willful  and  corrupt  swearing  by  any  person  in  taking  any  oath,  affirmation  or 
deposition  prescribed  or  authorized  by  the  Election  Law.    Section  i88. 

Willfully  and  corruptly  suborning  or  procuring  any  person  to  swear  or  affirm 
falsely  in  taking  any  oath,  affirmation  or  deposition  prescribed  or  authorized  by  the 
Election  law.     Sectioji  i88. 

Robbing  or  plundering  any  ballot-boxes.     Section  i<^o. 

Unlawfully  and  by  stealth  or  violence  taking  or  removing  from  any  ballot-box 
any  ballot,  or  other  paper.     Section  190. 

Changing,  altering  oi*  destroying  any  ballot  or  other  paper  contained  in  any 
ballot-box.     Section  190. 

Selling,  or  offering  to  sell,  or  exposing  for  sale,  spirituous,  vinous,  malt  or  in- 
toxicating liquors  on  any  election  day.     Section  192. 

Bringing  into  the  polling-place  on  election  day  or  on  any  day  of  registry,  dur- 
ing the  hours  that  the  election  or  registration  is  in  progress  or  during  the  count- 
ing or  canvassing  of  the  votes,  any  spirituous,  vinous,  malt  or  intoxicating  liquors. 
Section  193. 

Falsely  making  or  fraudulently  defacing  or  fraudulently  destroying  any  certifi- 
cate of  nomination  or  petition,  or  any  part  thereof,  or  filing  or  receiving  for  filing 
any  certificate  of  nomination  or  petition,  knowing  the  same  or  any  part  thereof 
to  be  falsely  made.     Section  195. 

Suppressing  any  certificate  of  nomination  or  petition  which  has  been  duly  filed, 
or  any  part  thereof.    Section  195. 

Forging  or  falsely  making  the  official  endorsement  of  any  ballot.     Section  195. 

Removing  or  destroying  any  of  the  ballots  or  pencils  placed  in  the  election 
booths  with  intent  to  hinder  or  delay  the  election,  or  to  hinder  or  delay  any  voter 
in  the  preparation  of  his  ballot.     Section  196. 

Showing  his  ballot,  by  any  voter  within  the  polling-room  after  it  is  prepared 
for  voting  in  such  way  as  to  reveal  its  contents.    Section  198. 

Soliciting  a  voter  to  show  his  ballot  within  the  polling-place,  or  within  one 
hundred  feet  thereof.     Section  198. 

Knowingly  voting,  or  oft'ering  to  vote,  any  ballot  except  an  official  ballot,  where 
at  the  election  official  ballots  are  required  to  be  used.     Section  198. 

Placing,  or  permitting  to  be  placed,  any  mark  upon  the  face  or  back  of  a  ballot 
by  which  the  ballot  may  afterwards  be  identified.     Section  198. 

Writing,  pasting  or  otherwise  placing  upon  any  official  ballot  any  mark,  sign 
or  device  as  a  distinguishing  mark  whereby  to  indicate  to  any  member  of  any 
election  board  or  other  person  how  any  voter  has  voted.     Section  200. 

Inducing,  or  attempting  to  induce,  any  voter  to  write,  paste  or  otherwise  place 
on  his  ballot  any  mark,  sign  or  device  of  any  kind  as  a  distinguishing  mark  by 
which  to  indicate  to  any  member  of  any  election  board  or  other  person  how  anr 
other  voter  has  voted.     Section  200. 

Entering  into  or  attempting  to  form  any  agreement  or  conspiracy  with  any 
other  person  to  induce,  or  attempt  to  induce,  any  voter  to  place  any  distinguish- 
ing mark,  sign  or  device  on  his  ballot,  whether  or  not  said  act  be  committed,  or 
attempted  to  be  committed.     Section  200. 

Directly  or  indirectly  giving,  lending,  or  agreeing  to  give  or  lend,  or  offering, 
promising,  or  promising  to  procure,  or  endeavoring  to  procure,  any  money  or  other 
valuable  consideration  or  thing  to  or  for  any  voter,  or  to  or  for  any  person  in 
order  to  induce  any  voter  to  vote  or  refrain  from  registering  for  any  election. 
Sections  202,  431  to  443. 

Corruptly  doing  or  committing  any   of  the  acts  mentioned  in  the   last  preced- 


28; 

ing  sentence  on  account  of  any  such  voter  having  voted  or  refrained  from  voting 
at  an  election,  or  registered  or  refrained  from  registering  for  an  election.  Sec- 
tions 203,  431  to  443. 

Directly  or  indirectly  giving  or  procuring,  or  agreeing  to  give  or  procure,  or 
offering  or  promising  to  procure,  or  endeavoring  to  procure,  any  office,  place  or 
employment  to  or  for  any  voter,  or  to  or  for  any  person  on  behalf  of  a  voter, 
or  to  or  for  any  person  in  order  to  induce  a  voter  to  vote  or  refrain  from  voting, 
or  to  register  or  refrain  from  registering.     Sections  203,  431  to  443. 

Corruptly  doing  any  act  mentioned  in  the  last  preceding  sentence  on  account 
of  any  voter  having  voted  or  refrained  from  voting  or  having  registered  or  re- 
frained from  registering,  for  any  election.     Sections  203,  431  to  443. 

Giving,  advancing  or  paying,  or  causing  to  be  given,  advanced  or  paid,  any 
money  or  other  valuable  thing  to  any  person  or  to  the  use  of  any  person  with 
the  intent  that  such  money  or  other  valuable  thing  or  any  part  thereof,  shall  be 
expended  or  used  for  bribery  of  voters  or  of  any  other  unlawful  purpose  at  any 
election.     Sections  403,  431  to  443. 

Knowingly  paying,  or  causing  to  be  paid,  any  money  to  any  person  wholly  or 
in  part  expended  in  bribery  of  voters  at  any  election.    Sections  403,  431  to  443. 

Directly  or  indirectly  receiving,  agreeing  or  contracting  for  any  money,  gift, 
loan  or  valuable  consideration,  office,  place  or  employment,  by  a  voter,  for  him- 
self or  for  any  other  person,  for  voting  or  agreeing  to  vote,  or  for  refraining  or 
agreeing  to  refrain  from  voting  at  any  election,  or  for  registering  or  agreeing  to 
register,  or  for  refraining  or  agreeing  to  refrain  from  registering  for  any  elec- 
tion.    Sections  203,  43ito  443. 

Directly  or  indirectly  making  use  of,  or  threatening  to  make  use  of,  any  force, 
violence  or  restraint,  or  inflicting  or  threatening  to  inflict,  any  damage,  injury, 
harm  or  loss  against  any  employe  by  any  employer,  or  by  any  agennt,  superin- 
tendent or  overseer  of  any  company  or  corporation  employing  workmen,  in  order 
to  induce  or  compel  such  employe  to  vote  or  refrain  from  voting  for  any  par- 
ticular candidate  or  candidates  at  any  election.     Sections  206,  431  to  443. 

By  any  sort  of  duress,  constraint  or  improper  influence,  or  by  any  fraudulent 
or  improper  device,  contrivance  or  scheme,  impeding,  hindering  or  preventing  the 
free  exercise  of  the  franchise  of  any  voter  at  any  election.     Section  206. 

Compelling,  inducing  or  prevailing  upon  any  voter  to  vote  for  or  against  any 
particular  candidate  or  candidates  at  any  election  by  any  of  the  means  described 
in  the  next  preceding  sentence.     Section  206. 

Obstructing  the  entrance  to  any  polling-place,  obstructing  or  interfering  with 
any  voter,  or  electioneering  within  any  polling-place  or  publicly  within  one  hun- 
dred feet  thereof.     Section  207. 

Removing,  destroying  or  mutilating  any  registry  list  or  copy  thereof,  or  re- 
moving, destroying  or  mutilating  before  the  election  closes  any  list  of  voters 
posted  in  accordance  with  the  law.     Section  2og. 

Swearing  falsely  in  any  affidavit  to  secure  the  registration  of  any  person.  Sec- 
tion 35. 

Causing  or  procuring  his  name  to  be  registered  in  more  than  one  election  dis- 
trict by  any  person.  Section  34. 

Causing  or  procuring  his  name,  or  that  of  any  other  person,  to  be  registered, 
knowing  that  he,  or  the  person  whose  name  is  procured  to  be  registered,  is  not 
entitled  to  vote  in  the  election  district  wherein  such  registry  is  made.     Section  34. 

Falsely  personating  any  registered  voter.     Section  34. 

Willfully  obstructing  or  interfering  with  any  election  clerk  on  the  way  from 
the  polls  to  the  office  of  the  city  clerk.     Section  loi. 


288 

Bribing  any  person  at  any  election.    Sections  219,  431  to  443. 

Willfully  neglecting  or  refusing  to  perform  any  duty  imposed  upon  an  elector 
to  whom  any  soldier's  or  sailor's  ballot  shall  be  sent.     Section  229. 

Delivering  or  presenting  to  any  district  board  of  election  any  false,  forged, 
altered  or  changed  ballot,  envelope  or  instrument  of  any  soldier  or  sailor.  Sec- 
tion 230. 

Directly  or  indirectly  controlling,  or  attempting  to  control,  any  enlisted  elector 
in  the  exercise  of  his  rights  of  suffrage  by  menace,  bribery,  fear  of  punishment, 
hope  of  reward,  or  any  other  corrupt  or  arbitrary  measure  or  resort  whatever,  or 
annoying,  injuring  or  otherwise  punishing  any  such  absent,  enlisted  elector  for 
the  manner  in  which  he  may  have  exercised  his  rights.     Section  231. 

Any;  candidate  endorsed  for  nomination  by  any  political  party  at  any  primary 
election,  or  any  person  nominated  by  petition  for  any  elective  office,  shall  file, 
within  five  days  after  filing  petition  of  nomination,  the  names  of  person  or  per- 
sons who  shall  have  charge  of  campaign  moneys.     Section  379. 

No  candidate  shall  expend  any  money  except  through  such  committee  so  nomi- 
nated.    Section  379. 

Treasurer  of  such  committee  shall  file  within  five  days  after  primary  election 
and  twenty  days  after  general  election  an  itemized  statement  of  all  moneys  re- 
ceived or  disbursed.    Section  380. 

Every  candidate  shall  file  statement  of  personal  contributions.     Section  381. 

Any  candidate  who  shall  refuse  or  neglect  to  file,  or  who  shall  make  false 
statement  of  moneys  received  or  expended,  in  addition  to  other  penalties,  shall 
forfeit  the  office  to  which  he  may  have  been  elected.     Section  384. 

Every  claim  against  said  committee  must  be  presented  within  four  days  after 
primary  election  and  ten  days  after  general  election,  and  must  be  paid  within 
fifteen  days  after  the  completion  of  official  canvass,  and  not  otherwise.  Section 
385. 

Court  of  common  pleas  may  order  paid  bills  not  so  presented,  if  satisfied  that 
there  is  no  intentional  misconduct  shown.     Section  386. 

Every  bill,  placard,  poster,  pamphlet,  advertisement  or  other  printed  matter 
shall  bear  upon  the  face  thereof  the  name  and  address  of  the  pereons  or  commit- 
tee causing  the  same  to  be  published.     Section  387. 

No  money  shall  be  paid  or  any  expense  authorized  or  incurred  by  or  on  be- 
half of  any  candidate  for  nomination  or  election  for  any  purpose  proliibited  by 
the  provisions  of  this  act.    Section  388. 

No  money  shall  be  paid  or  any  expense  authorized  or  incurred  by  any  candi- 
date except  as  provided  for  in  Section  389. 

The  expenses  or  contributions  of  any  ascendant  or  descendant,  brother,  sister, 
uncle,  aunt,  nephew,  niece  of  any  candidate,  or  of  any  fellow  official  of  a  cor- 
poration, shall  be  considered  the  same  as  the  expenses  or  contributions  of  the 
candidate  himself.     Section  390. 

No  money  shall  be  paid  or  any  expense  authorized  or  incurred  on  behalf  of 
any  candidate  for  the  hiring  of  any  vehicle  for  the  transportation  of  voters  to 
or  from  the  polls,  nor  for  the  hiring  of  watchers  at  the  polls  on  election  day 
except  the  two  persons  provided  by  law.     Section  39  t. 

The  court  may  order  transportation  furnished.     Section  392. 

No  payment  of  money  shall  be  made  or  any  expense  authorized  or  incurred 
by  any  person  in  aid  of  or  for  any  candidate  except  by  the  committee  heretofore 
referred  to.    Section  394' 

No  person  shall,  in  any  way,  contribute  money  or  other  valuable  consideration 
to  or  for  any  person  for  the  doing  of  any  act  forbidden  under  tb.e  election  lavfs^^ 


289 

for  the  commission  of  any  crime  against  the  election  franchise ;  for  colonizing ; 
for  hindering  voters ;  for  securing  the  withdrawal  of  a  candidate,  or  for  any  pur- 
pose in  contravention  of  the  provisions  of  this  act;  for  making  payments  after 
time  limited.     Section  395. 

Name  of  giver  must  be  entered.    Section  396. 

No  person  holding  public  office  or  position  not  filled  by  the  voters,  except  per- 
sons holding  an  appointive  office  for  a  terra  which  is  fixed  by  law,  shall  contribute. 
Section  397. 

No  person  shall  solicit  contributions  from  any  religious,  charitable  or  other 
organization.    Section  398. 

No  person  shall  solicit  any  candidate  for  nomination  or  for  public  office  to 
subscribe  for  the  support  of  any  club  or  organization,  or  to  buy  tickets  to  any 
entertainment.     Section  399. 

Certain  corporations  shall  not  contribute.     Section  400. 
No  person  shall  pay  for  attendance  at  the  polls.    Section  401. 
No  person  shall  give  or  provide  any  political  badge,  button  or  other  insignia 
to  be  worn  at  or  about  the  polls.     Section  402. 

No  person  shall  pay,  lend  or  contribute,  or  offer  or  promise  to  pay,  lend  or 
contribute,  any  money  or  other  valuable  consideration,  to  any  voter  to  vote  or  re- 
frain from  voting ;  to  give  employment  to  any  person  in  order  to  induce  such 
person  to  vote  or  refrain  from  voting ;  to  make  any  gift,  loan,  promise  or  offer 
in  order  to  induce  such  person  or  persons  to  procure,  or  endeavor  to  procure, 
the  election  of  any  person ;  or  to  promise  to  furnish  funds  for  bribery ;  to  fur- 
nish money  for  board  and  lodging ;  to  assist  in  evading  arrest  o-f  any  person,  or 
to  pay  for  the  endorsement  by  delegates,  associations,  etc. ;  to  secure  the  with- 
drawal of  any  candidate  for  public  office.     Section  403. 

No  person  shall  receive  or  agree  to  receive  any  valuable  consideration  in  con- 
sideration of  his  voting  or  refraining  from  voting.     Section  404. 

No  person  shall  willfully  cause  or  allow  himself  to  be  registered  on  any  regis- 
tration list  on  which  he  is  not  entitled  to  be  registered.     Section  405. 

No  person  shall  willfully  cause  or  allow  any  other  person  to  be  registered  on 
any  registration  list  on  which  list  such  person  is  not  entitled  to  be  registered. 
Section  406. 

Every  person  who  fraudulently  votes,  or  who  votes  more  than  once  at  any 
election,  or  who  hands  in  two  or  more  tickets  folded  together,  or  changes  any 
ballot  after  the  same  has  been  deposited  in  the  ballot-box,  or  who  adds  or  at- 
tempts to  add  any  ballots  to  those  legally  polled,  with  the  intent  of  changing  the 
result  of  said  election,  or  destroys  or  attempts  to  destroy  any  poll  list,  or  ballots, 
or  ballot-box,  or  willfully  detains,  mutilates  or  destroys  any  election  returns,  or 
in  any  manner  so  interferes  with  the  officers  holding  said  election,  they  shall  be 
guilty  of  a  misdemeanor.    Section  407. 

Every  person  who  fraudulently  attempts  to  vote,  or  who  impersonates  any  other 
voter,  shall  be  guilty  of  a  misdemeanor.    Section  408. 

Every  person  charged  with  the  performance  of  any  duty  under  the  provisions 
of  any  law  of  this  State  relative  to  elections,  who  willfully  neglects  or  refuses  to 
perform  it,  or  who,  in  his  official  capacity,  knowingly  and  fraudulently  acts  in 
contravention  or  violation  of  any  of  the  provisions  of  such  laws,  shall  be  guilty 
of  a  misdemeanor.     Section  409. 

Any  person  offending  against  any  provision  of  this  act  is  a  competent  witness 
against  another  person  so  offending.    Section  410. 
Betting  is  unlawful.    Section  411. 


290 

Eevery  candidate  who  refuses  or  neglects  to  file  the  statement  required  by  sec- 
tion 435  of  this  act  is  guilty  of  a  misdemeanor.    Section  412. 

It  is  unlawful  for  any  person,  either  directly  or  indirectly,  to  make  threats  to 
abduct  or  otherwise  affect  the  voting  of  any  person,  either  by  duress,  or  other 
forcible  or  fraudulent  device  or  contrivance.     Section  414. 

Pay  envelopes  shall  not  bear  political  expressions.     Section  414. 

Posting  of  political  hand-bills,  containing  threats  or  notice  affecting  elections, 
shall  not  be  posted  in  factories.     Sectien  414. 

Corporations  shall  forfeit  charter  for  violation  of  the  provisions  of  Section  414. 

Election  officers  seeking  to  or  disclosing  voter's  ballot,  guilty  of  misdemeanor. 
Section  4I5' 

Duty  of  prosecutor  of  pleas  to  inquire  into  violations  of  corrupt  practices  act. 
Section  416. 

Penalty  of  candidates  for  violating  corrupt  practices  act  is  forfeiture  of  office. 
Section  417. 

Contested  elections.     Sections  418,  420. 


XXXI.     PRIMARY  ELECTIONS. 

Objects — 

The  objects  for  which  primary  elections  are  to  be  held  are  two,  viz.:  (i)  To 
elect  delegates  to  party  conventions  to  nominate  candidates  for  President  and 
Vice-President;  (2)  to  elect  party  candidates  directly  and  without  any  convention 
for  all  other  offices.    Sections  240,  289  to  293,  317,  342  to  347. 

Time  of  Primary  Election — 

Primary  elections  are  held  on  the  fourth  Tuesday  of  September  in  each  year 
from  7  A.  M.  to  9  o'clock  P.  M.     Section  337. 

Place  of  Holding  Primary  Election — 

The  primary  election  in  a  particular  election  district  shall  be  held  at  the  place 
where  the  voters  of  that  district  are  to  be  registered.    Section  241. 

Voting  Places,  Booths,  Etc.,  to  be  Provided — 

The  municipal  or  township  clerk  shall,  at  least  twenty  days  before  the  primary 
election,  secure  in  each  election  district  a  suitable  room  for  the  registry  of  voters 
and  the  primary  election,  and  notify  the  registry  or  poll  clerk  or  board  of  registry 
and  election  thereof;  he  shall  also  arrange  the  same  for  a  polling-room  and  erect 
therein  booths  and  furnish  the  same  with  black  lead  pencils  in  the  same  manner 
as  for  the  general  election.     Section  250. 

Nomination  of  Candidates   at  Primary   Election — 

Where  a  candidate  for  public  office  is  to  be  voted  for  in  a  single  election  dis- 
trict, or  in  a  township,  borough  or  ward  which  contains  but  one  election  district, 
ten  or  more  voters  of  any  political  party,  and  in  any  township,  borough  or  ward 


391 

having  two  or  more  election  districts,  twenty-five  or  more  voters  of  any  political 
party  shall  file  with  the  municipal  or  township  clerk  a  petition,  addressed  to  such 
clerk,  endorsing  any  member  of  their  political  party  for  nomination  by  their  party 
at  the  primary  election ;  the  petition  so  filed  shall  request  that  the  name  of  the 
person  so  endorsed  be  printed  on  the  official  ballot  of  the  party  to  which  the  peti- 
tioners belong ;  the  endorsed  person  who  shall  receive  the  largest  number  of  votes 
at  the  primary  election  shall  be  the  party  candidate  at  the  general  election.  Sec- 
tions 241,  243,  260.  Each  candidate  must  file  a  written  acceptance.  Section  244. 
(See  Form  No.  26.) 

Nomination  of  Delegates  at  Primary  Election — 

Where  a  candidate  for  public  office  is  to  be  nominated  by  delegates  (Presidential 
electors),  any  ten  or  more  voters  of  any  political  party  may  file  with  the  municipal 
or  township  clerk  a  petition  addressed  to  such  clerk  endorsing  any  member  of 
their  political  party  as  a  candidate  for  the  position  of  delegate  to  a  political  con- 
vention of  said  party;  the  petition  so  filed  shall  request  that  the  name  of  the 
person  so  endorsed  be  printed  on  the  official  ballot  of  the  party  to  which  the 
petitioners  belong ;  the  endorsed  person  who  shall  receive  the  largest  number 
of  votes  at  the  primary  election  shall  be  a  delegate  to  the  ensuing  political  con- 
vention of  his  party.  Sections  241,  243,  260.  Each  nominee  for  position  of  dele- 
gate must  also  file  a  written  acceptance.    Section  244.  (See  Form  No.  27.) 

Election  of  County  and  City  Committee — 

Section  245. 

Election  of  Members   of  State  Committee — 

Section  370. 


XXXII.     NOMINATIONS  UNDER  DIRECT  PRIMARY  ACT. 

Sections  289  to  293.     {Form  30.) 

Officers  to  be  voted  for  by  the  voters  of  an  entire  municipality  may  be  nomi- 
nated as  above  stated,  except  that  the  petition  for  nomination  must  contain  not 
less  than  fifty  signers,  and  must  be  filed  with  the  municipal  clerk  not  less  than 
twenty  days  before  the  primary  election.    Sections  289  to  393,  also  243  and  347. 

Candidates  for  the  office  of  Governor  or  Representative  in  Congress  shall  be 
nominated  directly,  without  the  intervention  of  delegates  or  conventions,  at  the 
primary  election  held  in  September.  Not  less  than  1,000  voters  of  any  political 
party  may  file  with  Secretary  of  State  a  petition  endorsing  any  member  of  their 
party  as  a  candidate  for  nomination  of  said  party  for  the  office  of  Governor.  Sec- 
tions 342  and  343. 

Not  less  than  200  voters  of  any  political  party  in  any  congressional  district  com- 
prising more  than  one  county  may  file  with  the  Secretary  of  State  a  petition  en- 
dorsing any  member  of  their  party  as  a  candidate  for  nomination  of  said  party 
to  the  position  of  Representative  in  Congress  in  said  district.  Sections  306  and 
343- 

Where  any  congressional  district  is  laid  out  wholly  within  a  single  county  the 
petitions  must  be  filed  with  the  county  clerk  of  said  county.     Section  343. 


Notice  of  Primary  Election — 

At  least  ten  days  before  the  primary  election,  the  poll  clerks  shall  give  notice 
of  the  time  and  place  thereof  by  five  or  more  advertisements  posted  at  conspicu- 
ous places  in  the  election  district.     Section  252.     (See  Form  No.  28.) 

Official  Ballot — 

Section  345- 

Delivery  of  Ballots  and  Ballot-Boxes — 

Section  251. 

Official  Oath — 

Section  252.     {Form  29.) 

How  Conducted — 

Sections  241  and  252. 

Who  May  Vote— 

Section  332- 

How  to  Vote — 

Section  346' 

Challenges — 

If  a  voter  at  a  primary  election  be  challenged  he  shall  make  oath  in  the  form 
prescribed.  Section  252.  Persons  authorized  to  challenge  voters  are  the  election 
officers  (Section  252),  the  two  agents  appointed  by  the  chairman  of  the  county 
committee  of  each  political  party  (Section  264),  and  every  person  whose  name  is 
printed  on  the  official  primary  ballot  (Section  264.)  The  appointment  of  agents  by 
the  chairmen  of  the  county  committees  may  be  made  in  writing  and  be  filed  with 
the  respective  boards  of  registry  and  election.  Section  264. 

Canvassing  Ballots   and  Making  Statements   Thereof — 

The  board  of  registry  and  election  shall  canvass  the  ballots  cast  for  each  party 
at  a  primary  election,  deliver  to  the  municipal  or  township  clerk  a  statement  of 
the  results  thereof.    Sections  241,  254,  255. 

Who  Considered  Duly-elected  Candidates  for  Public  Office — 

Section  256. 

Procedure  Where  Candidate  Dies  or  Declines — 

If  a  candidate  for  office  in  a  single  ward  or  township  die  or  decline  after  the 
primary  election  and  before  the  general   election,   the  proper  committee   of  the 


293 

party  to  which  the  person  dying  or  declining  belongs  shall  file  a  new  nomination 
with  the  municipal  or  township  clerk.  Sections  256,  305-  If  a  person  endorsed  in 
a  petition  as  a  candidate  to  be  voted  for  at  a  primary  election  die  or  decline  be- 
fore such  primary  election,  the  vacancy  shall  be  filled  by  a  majority  of  the  per- 
sons who  signed  the  petition  of  the  person  so  dying  or  declining,  signing  and  filing 
a  new  petition,  to  be  verified  by  three  of  the  signers  thereto.  Section  258.  If  a 
person  elected  as  delegate  to  a  convention  die  or  decline  after  the  primary  elec- 
tion and  before  the  date  of  the  convention,  his  place  shall  be  filled  by  a  majority 
vote  of  the  other  delegates  selected  from  the  election  district  in  which  the  person 
so  dying  or  declining  was  elected.    Section  260. 

Expression  of  a  Voter  at  Primaries  for  United  States  Senator — 

Sections  2Q4  and  293. 

Each  candidate  for  the  nomination  for  the  office  of  State  Senator  or  Member  of 
the  General  Assembly,  or  for  election  to  either  of  such  offices,  shall  file  with  his 
nominating  petition,  or  at  any  time  before  the  primary  or  general  election,  with 
the  county  clerk,  one  of  the  statements  set  forth  in  section  341- 


XXXIII.     STATE  CONVENTION. 

A  State  convention  of  each  political  party  shall  be  held  each  year.  The  said 
convention  shall  be  made  up  of  the  following  members :  First,  the  party  candidates 
who  have  been  nominated  at  the  party  primaries  in  September  immediately  pre- 
ceeding  the  convention  for  the  office  of  Member  of  Assembly  or  State  Senator  in 
each  county  of  the  State ;  second,  the  candidate  of  the  party  for  Governor  nomi- 
nated at  said  primaries  in  the  year  in  which  a  Governor  is  elected,  and  in  each 
year  in  which  no  Governor  is  elected,  the  Governor  of  the  State  shall  be  a  mem- 
ber of  the  convention  of  the  political  party  to  which  he  belongs;  third,  members 
of  the  State  Senate  belonging  to  said  party  who  are  holding  office  at  the  time  of 
holding  of  the  State  convention  and  whose  successors  are  not  to  be  chosen  at  the 
ensuing  general  election ;  fourth,  members  of  the  State  committee.     Section  370. 


FORMS 


295 


FORMS. 


No.    1 — Notice  of  Election   by  Secretary   of  SUte  to   County   Clerk.     ; 

[This  notice  is  required  by  Section   5   to  be  given  In   the  month  of   August.     Within 

fifteen    dtys    after    Its    receipt    the    county    clerk    is    required,    by    the 

same   section,    to    transmit   a    certified    copy    of    It    to 

the  clerk  of  each  township,  city  or  other 

municipality  in  the  county.] 

To 

Clerk  of  the  County  of 

In  conformity  with  the  provisions  of  an  act  entitled  "An  act  to  regulate 
elections  (Revision  of  1898),"  approved  April  4th,  1898,  you  are  hereby  notified 
that  electors  of  President  and  Vice-President  of  the  United  States,  a  Member 
of  the  House  of  Representatives  of  the  United  States  for  the Con- 
gressional District,  and  a  Member  of  the  Senate  of  this   State  for  the  County 

of  (or  as  the  case  may  be)  are  to  be  elected  at  the  next  general 

election  to  be  held  November  3rd,  1914- 

Dated  at  Trenton,  New  Jersey,  August   ,   I9i4. 


Scretary  of  State  of  New  Jersey. 


No.  2 — ^Notice  of  Election  by  County  Clerk  to  Township,  City  and  Other 

Municipal   Clerks. 

[This  notice  is  required  by  Section  6  to  be  given  in  the  month  of  August.] 

To 

Clerk  of  the  Township  of  (City  or  other  Municipality)   of 

In  conformity  with  the  provisions  of  an  act  entitled  "An  act  to  regulate 
elections  (Revision  of  1898),"  approved  April  4th,  1898,  you  are  hereby  notified 
that  a  sheriff  (three  coroners,  a  county  clerk,  a  register  of  deeds,  a  surrojiatc, 
or  as  the  case  may  be)  are  to  be  elected  at  the  next  general  election  to  be  held 
November  3rd,   1914. 

Dated  at ,  in  the  county  of  ,  and  State 

of  New  Jersey,  August    ,   19I4' 

Qerk  of  the  County  of 

297 


298 

No.  3 — General  Notice  of  Election   by   Township,  City  or  Municipal  Clerk. 

[This  notice  is  required  by  Section   7.] 

Notice  is  hereby  given  that  an  election  will  be  held  in  the  township  (city,  or 

other  municipality)  of ,  in  the  county  of , 

on  Tuesday,  the  third  day  of  November,  A.  D.  1914,  between  the  hours  of  6  o'clock 
in  the  morning  and  7  o'clock  in  the  evening,  for  the  purpose  of  electing  (name 
all  offices  to  be  filled  at  the  election).  Said  election  will  be  held  at  the  following 
places : 

In  District  No.  i,  in  said  township  (or,  in  District  No.  i  in  the 

ward  of  said  city  or  other  municipality),  at 

In  District  No.  2,  in  said  township  (or,  in  District  No.  2  in  the 

ward  of  said  city  or  other  municipality),  at 

In  District  No.  3,  in  said  township  (or,  in  District  No.  3  in  the 

ward  of  said  city  or  other  municipality),  at 

Witness  my  hand  this   day  of  October,  A.  D.  1914. 


Qerk  of  the  Township  (City  or  other 
Municipality)  of 


No.   4. — CeVtiBcate  by   the   Secretary   of   State  to   the   County    Clerks    of 
Names    of    Candidates. 

[This  certificate  Is  required  by  Section   43.] 

State  of  New  Jersey, 

Department  of   State. 

A   statement   of   all  the   candidates   nominated  by  certificate    or  petition   filed 

in  the  office  of  the  Secretary  of  State  in  pursuance  of  an  act  entitled  "An  act  to 

regulate   elections    (Revision    of    1898),"    approved    April    4th,    1898,    for    whom 

voters  within  the  county  of   are  by  law  entitled  to  vote  at 

the  general  election  to  be  held  on  the  third  day  of  November,  1914. 

FOR    THE    OFFICE    OF    GOVERNOR. 


Names  of  Candidates. 

Residences. 

Names    of    Parties 
Nominating. 

299 


FOR    lilE    OFFICE    OF    MEMBER    OF    THE    HOUSE   OF    REPRESENTATIVES    OF    THE 
UNITED    STATES. 


Names  of  Candidates. 

Residences. 

Names    of    Parties 
Nominating. 

I  Hereby  Certify  that  the  foregoing  statement  is  correct  and  true.     Witness 
my  hand  and  seal  of  office  this   day  of  October,  1914. 


Secretary   of   State. 


No.   5. — Certificate  by  County   Clerk   to  Secretary   of  State   of  Names   of 

Candidates. 

[This  certificate  is  required  by  Section  42.] 

To  the  Secretary  of  State  of  the  State  of  New  Jersey : 

Pursuant  to  the  provisions  of  the  act  entitled  "An  act  to  regulate  elections 
(Revision  of  1898,)"  approved  April  4th,  1898,  I  hereby  certify  the  names,  places 
of  residence  and  post-office  addresses  of  the  several  candidates  nominated  for 
Senator  and  members  of  the   General  Assembly  to  be  voted  for  in  the  county 

of   ,  at  the  general  election  to  be  held  on  the  third  day  of 

November,  1914,  and  also  the  title  of  the  party  nominating  said  candidates, 
and  whether  by  convention  or  petition,  with  the  dates  of  holding  such  conven- 
tions and  of  the  filing  of  certificates  of  nominations  and  petitions. 

FOR    SENATOR. 


Names 

Residences. 

Post-Office 

Addresses. 

Party 
Nomi- 
nating. 

By  Conven- 
tion or 
Petition. 

Date  of 
Holding  Con- 
vention. 

Date  of  Filing 

Certificate  of 

Nomination  or 

Petition. 

300 


FOR    MEMBERS    OF    THE    GENERAL    ASSEMBLY. 


Names 

Residences 

Post-Office 
Addresses. 

Party 
Nomi- 
nating. 

By  Conven 

tlon  or 

Petition. 

Date  of 
Holding  Con- 
vention. 

Date  of  Filing 

Certificate  of 

Nomination  or 

Petition. 

Witness  my  hand  at ,  in  the  county  of. 

this  day  of  November,  A.  D.  1914- 


Clerk  of  the  County  of. 


No.   6. — Notice  by  Township,  City  or  Municipal  Clerk  to  Diatrict  Bowrd; 
of  Reistry  and  Election  of  Location  of  Room  for 
Registry  and  Election. 

[This  notice  is  required  by  Section   8.] 


To  the  District  Board  of  Registry  and  Election  of  Election  District  No , 

Township  (or  Ward)   of   ,  County   (or  City)   of   : 

You  are  hereby  notified  that  I  have  procured  a  room  at in 

the  above-stated  election  district,  in  which  your  board  shall  meet  to  make  and 
revise  the  register  of  voters  for  the  general  election  to  be  held  on  November 
3rd,  1914,  and  also  in  which  to  hold  said  election. 

Dated   ,  A.  D.  1914. 


Clerk  of  the  Township  (or  City)  of. 


No.  7. — ^Affidavit  of  Voter  for  Registration. 

[Form  of  affidavit  of  a  voter  to  show  the  right  of  another  to  have  his  name  entered 
on  the  register.     Sections   S3,    S4.    26,   29,   82,   883,   849.] 


V  Jersey,     I 
Zounty,  j 


ss. 


State  of  New 

,  County, 

,,   being  duly  sworn,  on  his  oath  saith,  that  he  is  a  legal 

voter    in    the    District,    Township    of 

County  of  ,  and  that  his  address  is  at   # 

in  said  District ;  that  he  is  well  acquainted  with    ,  who  re- 


30I 


sides  at    ,   in  the   township   and   county   aforesaid,   and   that 

he,  the  said    has  resided  in   the   State  of  New  Jersey  for 

one  year  last  past  and   in  the  county  of    for  five  months 

last  past  that  he  is  a  citizen  of  the  United  States  and  is  a  legal  voter  in  said 
election  district. 


Sworn    and    subscribed    before    me 
this  ....  day  of ,  A.  D.  1914 


:| 


No.    8. — Certificate    of   Nomination    by    Party    Convention. 

[This  form  Is  prepared  for  use  in  cases  of  nominations  by  party  conventions.  It  is 
easily  adapted  to  cases  of  nominations  by  party  conventions  for  the  whole  State,  for 
Congrressional  districts,  for  counties,  or  for  townships  and  municipalities.  When 
the  certificate  is  filed  with  the  Secretary  of  State,  it  should  be  done  at  least  twenty- 
five  days  before  the  election;  when  with  the  county  clerk,  at  least  fifteen  days 
before  the  election;  and  when  with  the  municipal  clerk,  at  least  twenty-five  days 
before  the  election.     See   Section   42.] 

This  Certifies,  That  at  a  Convention  of  Delegates  held  at , 

in  the  county  of   ,  on  the   day  of   ,   1914. 

and  representing  the    party,  a  political  party  which  at  the 

[Not  more  than  three  words.] 
general  election  next  preceding  the  holding  of  said  convention  polled  for  members 
of   the    General   Assembly   at   least   two   per   centum   of  the   total   vote    cast   in 
the    ,  the  following  nominations  were  made : 


Office  to  be  Filled. 


Name  of  Candidate. 


Residence. 


Post-Office  Address 


[Print  or  write  all  the  above  entries  very  plainly.] 
Witness   our   hands   this    day   of    ,   A.    D.    1914. 


Presiding   Officer  of  the  Convention. 
Residence. ,  p,  O.  Address 


Residence . 


Secretary  of  the  Convention. 
,  P.  O.  Address 


State  of  New  Tkrsey.     / 

n       .  \  ss. 
County,  V 

I,    ,   being   duly    sworn,    depose    and    say    that    I    was    the 

Presiding    Officer    of    the    Convention    named    in    the    foregoing    certificate,    and 

that  said  certificate  and  the  statements  therein  contained  are  true,   as  I  verily 

believe. 

this  ....  day  of ,  A. 

Sworn    and    subscribed    before 


D.  1914.      ) 
fore    me,      T 


302 

State  of  New  Jersey, 


\ 


.  County,  ' 

I,    ,   being    duly    sworn,    depose    and    say   that    I    was    the 

Secretary  of  the  Convention  named   in  the   foregoing  certificate,   and  that   said 
certificate  and  the  statements  therein   contained  are   true,   as   I   verily  believe. 

Sworn    and    subscribed 
this  ....  day  of 


i    before    me,      / 

,,  A.  D.  1914.  r 


I,    ,   the   candidate   mentioned   in   the   foregoing   certificate, 

do  hereby  accept  the  nomination  for  the  office  for  which  I  am  therein  named. 

Dated,    ,   1914- 


No.  9 — Certificate  of  Nomination  to  Fill  Vacancy. 

[To  be  filed  with  the  proper  officer  at  least  thirteen  days  before  election.     Section  45.] 

This  Certifies,  That  at  a  Convention  of  Delegates  held  at , 

in   the  county  of    ,  on  the    day   of   ,   1914, 

and  representing  the    party,  a  political  party   which  at  the 

[Not  more  than  three  words.] 
general  election  next  preceding  the  holding  of  said  convention  polled  for  members 
of   the   General   Assembly   at   least   two    per   centum   of   the   total   vote   cast    in 

the    ,    the   undersigned   were    appointed    a    committee    to    fill 

vacancies ; 

And  Whereas,  a  vacancy  exists  in  the  nomination  by  said  convention  for  the 

office    of    ,    occasioned    by    the    of    the 

[State  reason.] 

said    ,   who   was   nominated   as   aforesaid,   which    nomination 

[Name  of  candidate.] 

was    duly   certified    and   filed    in   the   office   of    ;    Therefore, 

we,   the  committee  aforesaid,  do  hereby  make  the   following   substitute   for   the 
said    ,   nominated  as   aforesaid : 


Office   to  be  Filled. 


Name  of  Candidate. 


Residence.  Post-Office  Address 


[Print  or  write  all  the  above  entries  very  plainly.] 
Witness  our  hands  this  day  of ,  A.  D.  1914. 


Chairman  of  Committee  to  fill  Vacancies. 
Secretary  of  Committee  to  fill  Vacancies. 


Jersey,      / 
)unty,  j 


303 


State  of  New 

County, 

I,  ,  being  duly  sworn,  depose  and  say  that  I  am  the  Chair- 
man of  the  Committee  to  fill  Vacancies,  appointed  by  the  convention  named  in 
the  foregoing  certificate,  and  that  the  said  certificate  and  the  statements  therein 
contained  are  true,  as   I   verily  believe. 

Sworn    and    subscribed    before    me, 
this day  of ,  A.  D.  1914. 


State  of  New  Jersey,      (    ^^ 

County,  \ 

I,  ,  being  duly  sworn,  depose  and  say  that  I  am  the  Sec- 
retary of  the  Committee  to  fill  Vacancies,  appointed  by  the  convention  named 
in  the  foregoing  certificate,  and  that  the  said  certificate  and  the  statements 
therein  contained  are  true,  as  I  verily  believe. 

Sworn    and    subscribed    before    me,      ) 
this day  of ,  A.  D.  1914.      j    

I,    ,   the  candidate  nominated  to  fill  the  vacancy  mentioned 

in  the  foregoing  certificate,  do  hereby  accept  the  nomination  for  the  office  for 
which  I   am  therein  named.  ) 

Dated,    ,   1914.        C 


No.    10. — Nomination   by   Petition. 

[Form  of  certificate  of  nomination  by  petition.     May  be  adopted   to  the  entire  State 
or  to  any  district  or  subdivision  thereof  more  or  less  than  a  single  county.     Section  41.] 

To   the  Secretary  of  State  of  the  State  of  New  Jersey : 
[Or   to  such   other  officer   as  may   be    proper   under   Secti.m    41.1 

The  undersigned,  legal  voters  of  the  State  of  New  Jersey,  residing  within  the 

coimty  of   ,  do  hereby  nominate  the  following  named  persons 

for  the  several  offices  mentioned,   to  be  voted  for  at  the  election  to  be  held  on 
the  third  day   of  November,    1914: 


Office   to  be  Filled. 


Name   of  Candidate. 


Residence. 


Post-Office  Address 


[Print  or  write  all  the  above  entries  very  plainly.] 


304 


And  we  do  hereby  certify  that  each  of  the  candidates  above  named  is  legally 
qualified  to  hold  the  office  for  which  he  is  nominated,  and  that  your  petitioners 
are   legally    qualified   to   vote   for   said   candidates.     The   title   of   the   party    (or 

principle)    which   said  candidates  represent   is    

[Not  more  than  three  words.] 

Witness  our  hands  this   day  of ,  A.  D.  1914. 


Signature.* 


Residence. 


Post-office  Address 


Street  No.  (if  any). 


[♦A  voter  may  sign   one  petition   for  each   officer  to  be   nominated,   and  no  more, 
but   all   the   names   need   not   be  signed    to   one  petition.     Section    41.] 

[At  least  five  of  the  voters  signing  the  petition  shall  take  and  subscribe  the  following 
oath.     Section   41.] 


State  of  New  Jersey 
County^ 


;ey,  ) 


,    ••; ,    and    ,  being  duly  sworn,  on 

their  oaths,  respectively,  do  say  that  the  foregoing  petition  is  made  in  good 
faith,  and  that  they  verily  believe  all  the  signatures  thereto  to  be  genuine  and 
those  of  duly-qualified  voters. 


Sworn    and    subscribed    before    me, 
this day  of ,  A.  D.  1914. 


J 


We,  the  candidates   mentioned   in   the  foregoing   certificate,   do   hereby  accept 
the  nominations  for  the  ofiices  for  which  we  are  therein  respectively  named. 
Dated,    ,   1914. 


No.   11. — Nomination  by  Petition  to  Fill  Vacancy. 

[To  be  addressed   to  and  filed   with   the  proper  officer  at   least  thirteen   days  before 
election.     Section    46.] 


Whereas,  Certain  legal  voters  of  the  county  of did,   on 

the day  of  ,  1914,  in  the  manner  and  form  prescribed  by  law, 

nominate    for  the  office  of   ,  and  filed  a 


305 


certificate  thereof  with    ,  as  required  by  law ;  And  Whereas, 

a  vacancy  exists  in  the  nomination  aforesaid,  occasioned  by  the .' 

[State  reason.] 

of    said    :    Therefore,    we,    the    undersigned,    legal    voters    of 

[Name  of  candidate.] 

the  State  of  New  Jersey,  residing  within  the  county  of   ,  do 

hereby   make   the    following    substitute    for    the    said    ,    nom- 
inated  as  aforesaid : 


Office   to  be  Filled.      Name   of  Candidate. 


Residence. 


Post-office  Address 


[Print   or   write    all    the   above   entries    very    plainly.] 

And  we  do  hereby  certify  that  the  candidate  above  named  is  legally  qualified 
to  hold  the  office  for  which  he  is  nominated,  and  that  your  petitioners  are  legally 
qualified  to  vote  for  said   candidate. 

The    title    of    the    party     (or     principle)     which     said    candidate     represents 

is    

[Not  more  than  three  words.] 

Witness  our  hands  this   day  of A.  D.  1914. 


[•A   voter  may  sign   one   petition   for   each   officer   to;  be   nominated,    and    no   more, 
but  all  the  names  need  not  be  signed   to   one  petition.     Section  41.] 

[Here   must  be   appended   the   oath   of  five  voters,   and  the   acceptance   of  the 
candidate.     See  Form  No.  70.] 


No.    12. — Certificate    of   Appointment   of   Board   of  Registry    and  Election. 

[The  county  board   of  elections  appoint  the  several    boards   of  registry   and   election. 

Section    313.] 

This    is    to    Certify,    That    the    County    Board    of    Elections    of    the    county 
of    have    this    day    appointed    the    following    persons,    viz.. 


to  be  members  of  the  Board  of  Registry  and  Electiop  for  the 

Election    District    in    the    of    ,    in    said 

county  of   ,   from   and  including   September  ist,   191/,  to  and 


3o6 

including  August  31st,  1915,  or  until  their  successors  are  appointed  and  qualified. 
Dated  the   day  of  August,  A.  D.  1914. 


Chairman   of  County  Board. 
Secretary  of  County  Board. 


No.    13. — Certificate   of  County   Board   of  Elections   That   Name   of  Voter 
Has   Been  Added   to  Register. 

LThis  certificate  should  be  presented  to  the  proper  board  of  registry  and  election, 
and  that  board,  if  Ratisfij-d  that  the  person  then*in  named  Is  entith'd  to  vote 
in  their  election  district,  and  not  otherwise,  should  receive  and  file  the  certifi- 
cate, add  the  person's  name  to  their  copy  of  the  register,  and  allow  him  to 
vote.     See  Section  25.] 

To  the  Board  of  Registry  and  Election  in  Election  District  No ,  Town- 
ship (or  Ward)  of ,  County  (or  City)  of : 

We,  the  County  Board  of  Elections  in  and  for  the  county  of , 

DO  HEREBY  CERTIFY  that  has  applied  in  person  to  us  for  the 

purpose  of  having  his  name  placed  on  the  register  of  voters  in  and  for  your 
Election  District;  that  proper  evidence  has  been  submitted  to  us  satisfying  us 
that  he  is  a  legal  voter  entitled  to  vote  at  the  election  to  be  held  in  your  Election 
District  on  November  3rd,  1914;  that  it  appears  to  us  that  his  name  has  been 
improperly  or  inadvertently  left  off  the  registry  list  for  said  election  in  your 
Election  District ;  and  that  we  have  added  his  name  to  the  copy  of  the  register 
for  your  Election  District  filed  with  us. 

In  witness  whereof,  we  have  caused  this  certificate  to  be  signed  by  our  Chair- 
man and  Secretary  this   day  of   ,  A.   D.   1914. 


Chairman. 
Secretary. 


^o,    14. — Notice    of   Application    to    County   Board    of   Elections    to    Have 
Name   of   Registered   Person   Stricken   From    the   Register. 

[This  notice  should  be  delivered  persoaq^lVy  to  the  person  whose  name  it  Is  desired 
to  have  erased  from  the  register;  Or,  in  default  of  such  service,  it  must  be  left 
with  some  person  over  fourteen  years  of  age  at  the  assigned  place  of  residence 
of  the  person  whose  name  it  is  desired  to  have  erased.  The  service  must  be 
made  "at  least  two  entire  days"  before  the  meeting  of  the  county  board.  That 
is.  for  the  meeting  of  the  county  board  on  Thursday,  October  29th,  the  notice 
must  be  served  not  later  than  October  27th.  and  for  the  meeting  on  Saturday, 
October  31st,   not  later  than  October  29lh.      [See   Section  25.] 

You  are  hereby  notified  that   I,  the  subscriber,   a  qualified  voter  of  Election 
District  ■'No ,  in  the  township  (or  ward)  of ,  in  the 


307 

county    (or   city)    of    ,   will   apply   to   the   County  '  Board   of 

Elections  in  and  for  the  county  of  ,  at  their  meeting  to  be 

held  at  the  county  court  house  of  said  county  [or,  if  they  do  not  meet  there, 
state  the  place],  on  Thursday,  October  29th,  1914  [or  Saturday,  October  31st, 
1914],  at  eight  o'clock  in  the  morning,  or  as  soon  thereafter  as  said  board  can 
hear  said  application,  to  have  your  name  stricken  from  the  register  of  voters 
of  said  Election  District,  on  the  ground  that  you  have  not  been  a  resident  of 
the  State  of  New  Jersey  for  one  year   [or,  as  the  case  may  be]. 

Witness  my  hand  this    day  of   ,  A.   D.   1914. 


No.    15. — Certificate  of  County  Board  of  Elections  That  a  Nsune  Has  Been 
Erased  From   the  Register. 

[This  cprtlflcate  should  be  presented  to  the  proper  board  of  registry  and  election, 
and  that  board  should  then  receive  and  file  It  and  erase  trora  their  copy  of 
the  register  the  name  of  the  person  therein  given,  and.  refuse  to  receive  his 
vote  if  It  should  be  presented.     See  Section  25.] 

To  the  Board  of  Registry  and  Election  in  Election  District  No ,  Town- 
ship (or  Ward)   of ,  County  (or  City)  of   : 

We,  the  County  Board  of  Elections  in  and  for  the  county  of , 

DO  HEREBY  CERTIFY  that  it  has  appeared  to  us  by  affidavit  of , 

a  qualified  voter  of  your  Election  District,  that  notice  in  writing  was  given  by 

him  to on  the   day  of   ,  A.  D.   1914. 

by  delivering  the  same  to  said  personally  [or,  if  not  deliv- 
ered personally,  then  say,  by  leaving  the  same  at ,  his  assigned 

place  of  residence,  with   , ,  a  person  above  the  age  of  fourteen 

years,  on   the    day   of    ,  A   D.   1914,   stating  that  at   our 

meeting   held    on    this    day    application    would    be    made    to    have    the    name    of 

said   •. stricken  from  the  register  of  voters  for  your  Election 

District,  on  the  ground  that  he  has  not  been  a  resident  of  the  State  of  New 
Jersey  for  one  year  [or,  as  the  case  may  be]  ;  that  we  have  accordingly  exam- 
ined  into  the   said  matter ;   that   it  has   appeared   to   our  satisfaction   that   said 

has  not  been  a  resident  of  the  State  of  New  Jersey  for  one 

5'ear  [or,  as  the  case  may  be],  and  that  for  that  cause  he  is  not  entitled  to  vote 
in    your    Election    District   on    November   3rd,    1914-     And    we    further    hereby 

CERTIFY    that    the    name    of   said    has,    by    our   order,    been 

erased  from  the  copy  of  the  register  for  your  Election  District  on  file  with  us, 
on  the  ground  that  he  has  not  been  a  resident  of  New  Jersey  for  one  year 
[or,  as  the  case  may  be]. 

In  witness  whereof,  we  have  caused  this  certificate  to  be  signed  by  our  Chair- 
man and  Secretary  this day  of .,  A.  D.  1914. 

Chairman. 
Secretary. 


3o8 

No.   16. — Oath  of  Members  of  County  Boards  of  Elections  and  of  District 
Boards   of  Registry   and  Election. 

[This  oath,    when  duly   executed,    shall   be  forthwith   forwarded   to   the   county   clerk, 
who  is  directed  to  file  it  in  his  office.     Section  16.] 

State  of  New  Jersey,      I 

County,  ) 

I,      ,     do     solemnly     and     sincerely     promise     and     swear 

[or  affirm]    that  I   will   faithfully  and   impartially  discharge  all  the  duties   of  a 

member  of  the  Board  of  Registry  and  Election  for  Election  District  No , 

in   the   township   of    ,   in   the   county   of    

lor,  of  a  member  of  the  County  Board  of  Elections  of  the  county  of ], 

to  the  best  of  my  skill  and  ability. 


Sworn    and    subscribed    before    me, 
this   ....  day  of ,  A.  D.  1914. 


No.    17. — Appointment  of  Agent  or  Challenger. 

[This  jjaper  shall  be  filed  with  the  county  board  of  elections  five  days  before  the 
election,  and  the  county  board  of  elections  shall  issue  a  permit  in  accordance 
therewith   to   the  person   named    therein.     Section   63.] 

To 

Residence 

By  virtue  of  the  authority  vested  in  me  by  law,  I   do  hereby  appoint  you  as 

one  of  the  two  Agents  or  Challengers  to  represent  the  ' party 

at  Election  District  No in  the  township  of    ,  and 

county   of    ,    at    the    general    election    to    be    held    November 

3rd,  1914. 

Witness  my  hand,  this   day  of   ,   1914. 


Chairman  of County Committee. 


[This   form,    with    the   necessary   alterations,    may   also   be  used   for   the   appointment 
of  Agents  by  candidates  nominated   by   petition.] 


No.    18. — Permit   to   Agent   or   Challenger. 

[This  permit  must  be  presented  by  the  person  named  therein  to  the  election  board 
of  the  district  named  therein,  and  he  shall  then  be  permitted  to  remain  within 
the  polling  place  while  the  election  is  in  progress,  and  to  be  within  the  railed 
enclosure  while   the  ballots  are  being  counted.     Section   63.] 

having    presented    to    the    County    Board   of    Elections    of 

the   county   of    ,    a   paper   under   the   hand   of   the    Chairman 

of  the   County  Committee  of  the  said  county  of , 

appointing    him    as    one    of    the    two    Agents    or    Challengers    to    represent    the 


309 

party   of   Election   District   No ,   in   the    township 

of 3 ,  and  county  of   ,  at  the  general  elec- 
tion to   be   held   on   November   3rd,    1914,    be,    the   said    ,   is 

hereby   permitted   to   act   as    such    Agent   or    Challenger   at   the   election   in   said 
Election  District,  in  accordance  with   the  law  of  this  State. 

In    witness    whereof,     the     County    Board    of    Elections    of    the    county    of 

have   caused   this   certificate   to   be   signed  by   its   Chairman 

and  Secretary,  on  this   day  of   ,  A.  D.  1914. 


Chairman. 

Secretary. 

[This  form,   with  the  necessary  alterations,  may  also  be  used  for  Permits  to  Agents 
appointed  by   candidates   nominated   by   petition.] 


No.    19. — Transfer    Certificate. 

(This  certiiicate  is  issued  in  pursuance  with  Sections  359  and  360.) 

Election   District  No ,  Township   (or  Ward)    of    , 

County   (or   City)    of    

,   who   had   been   duly   registered   as   a   legal   voter   in   this 

Election  District,  having  presented  to  this  board  a  certificate  directing  his  transfer 

to  the  Election  District  No ,  Township  (or  Ward)  of , 

County  (or  City)  of ;  it  is  on  this day  of 

ordered,  that  his  name  be  erased  from  the  registry  of  the  first  mentioned  district 

and  be  transferred  to  the Election  District,  in  the  Township 

(or  Ward)  of ,  County  (or  City)  of  


Board  of  Registry  and  Election. 


No.    19a. — Certificate  Directing   Transfer   of   Voter. 

Election  District  No ,  Township   (or  Ward)   of   , 

County  (or  City)   of   

It    appearing  to   the   satisfaction    of   the   court   that    has 

moved  from   Election  District,  in  the  Towaship  (or  Ward) 

of    ,    County    (or    City)    of    ,    in    which 

District  he  had  been  duly  registered,  to  Election  District  No ,  in  the 


Township  (or  Ward)  of county  (or  City)  of 

It  is  thereupon  on  this  day  of Ordered  that  the  Board 

of  Registry  and  Election  of  said  Election  District  No ,  in  the  Town- 
ship (or  Ward)  of ,  County  (or  City)  of 

place  the  name  of  the  said   upon  the  Registry  of  the  said 

Election  District. 


Judge  of  the  Court  of  Common  Pleas. 


No.  20. — Receipt  for  BalloU. 

[This  receipt  for  ballots  should  be  given  by   the  party  receiving  them  to  the  party 
delivering   them.     See   Section    54.] 

I,  ,  clerk  of  the  city  of  Cor,  clerk  of 

the  township  of  ;  or,  one  of  the  clerks  of  the  hoard  of  reg- 
istry and  election  of  Election  District  No ^  in  the  Township  of ; 

or,  as  the  case  may  be]   do  hereby  acknowledge  that  I  have  received  on  this 

day  from  ,  county  clerk  of  the  county  of 

[or,   city  clerk   of   the   city   of    ;   or,   township   clerk   of   the 

township  of    ;  or,  as  the  case  may  be],  sealed   packages  of 

ballots  having  thereon   respectively  the  following  directions: 


Dated  November ,  A.  D,  1914. 

Clerk  of  [a»  the  case  may  be]. 


No.   21. — ^Heading  in  Poll-Book. 

[This  form  is  prescribed   in   Section    67.] 

Names  of  voters  at  an   election  held  in  the    District  of 

,  in  the  county  of ,  on  the  day 

of  ,  in  the  year  of  our  Lord  one  thousand  nine  hundred , 

for (naming  the  offices  to  be  filled). 


No.   22. — ^Entry  in  Poll-Book  on  Adjournment  for  Dinner. 

[This   form  is  prescribed   in    Section    77.] 

The  whole  number  of  the  names  of  the  voters  in  this  poll-book  whose  votes 
have  been  received  during  this  election,  up  to  the  time  of  our  adjournment  for 


3" 

dinner,  being  at   i  o'clock  in  the  afternoon,  is  two  hundred  and  twenty-six  (or, 
aa  the  case  may  be). 


Judgre   of  Election. 
Inspector  of  Election. 


Clerks  of  Election. 


No.  23 Entry  in  Poll-Book  at  CIom  of  Election. 

[This  form  is  prescribed   in   Beetion   86.] 

The  whole  number  of  names  of  the  persons  whose  votes  have  been  received 
during  this  election  is  three  hundred  and  forty-five  (or,  as  the  case  may  be). 


Judgre   of   Election. 
Inspector  of  Election. 


Clerks  of  Election. 


No.  24. — Oatk  of  Person  Who  Claims  Assistance  by  Reason  of  Blindness 
or  Inability   to  Read  or  Write. 

[This  oath   is   required   by   SecUon   368.] 

You  do  solemnly  swear  that  you  are  blind  (or  name  any  other  physical  disa- 
bility), and  that  by  reason  thereof,  you  are  unable  to  enter  and  remain  in  a 
booth,  or  to  prepare  your  ballot  therein  for  voting  at  this  election,  without 
assistance.     So  help  you  God. 

The  oath  to  a  blind  voter,  or  a  voter  unable  to  read  or  ■write,  may  be  adminis- 
tered with  the  ceremony  of  lifting  up  the  hand  and  swearing  by  the  ever-living 
God,  instead  of  that  5f  touching  and  kissing  the  Book  of  the  Gospels.  When  the 
oath  is  administered  with  the  ceremony  of  lifting  up  the  hand  it  should  be  in  the 
following   form: 

You  do  solemnly  swear  by  the  ever-living  God  that  you  are  blind  (or  unable 
to  read  or  write),  and  that,  by  reason  thereof,  you  are  unable  to  enter  and 
remain  in  a  booth,  or  to  prepare  your  ballot  therein  for  voting  at  this  election, 
without  assistance. 

y 

Where  the  blind  voter,  or  voter  unable  to  read  or  -write,  has  conscientious  scruples 
against  taking  an  oath,  he  may  affirm  in  the  following  form: 

I,   ,  being  conscientiously  scrupulous  of  taking  an  oath,  do 

solemnly,  sincerely  and  truly  declare  and  affirm  that  I  am  blind  (or  unable  to 


312 

read  or  write),  and  that,  by  reason  tKereof,  I  am  unable  to  enter  and  remain 
in  a  booth,  or  to  prepare  my  ballot  therein  for  voting  at  this  election  without 
assistance. 


No.    25. — Commission   of   Messenger   to   Obtain   Missing   Statement   of   the 
Result  of  an  Election. 

,  [This    form,,js    authorized    by    Section    124.] 

To  . . .^  Esquire : 

Whereas,  No  statement  of  the  fesult  of  the  election  held  on  November  3rd, 
1914,  in  District  No.  ,>.  ^.  . ,  ...v.inrtlJe:tpw4;iship  (city,  or  as  the  case  may  be)  of 

,  in  the  county  of has  been  file(J  in  my 

office : 

Therefore,  pursuant  to  the  provisions  of  the  act  entitled  "An  act  to   regulate 

elections   (Revision  of   1898),"  approved  April  4th,   1898,  I,    , 

Secretary  of  State  of  the  State  of  New  Jersey  (or,  Clerk  of  the  County  of 
),  do  hereby  appoint  and  commission  you  as  my  special  mes- 
senger to  obtain  a  statement  of  the  result  of  the  election  held  on  November  3rd, 

19 14,  in  said  District  No ,  in  the  township  (city,  or  as  the  case  may  be) 

of   in  the  county  of   ,  to  the  end  that 

the  same  may  be  forthwith  filed  in  my  office  according  to  law. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official  seal 
on  this day  of  November,  A.  D.  19 14. 


Secretary  of  the  State  of  New  Jersey 
(or.  Clerk  of  the  County  of  ) 


No.    26. — Petition   Nominating   Candidate  for   Public   Office. 

[Sefe  Sections   241,    243,    260.] 


To. 


(City,   borough,   town  or  township   clerk.) 
Clerk  of  ....>..........,. .... .....  i 


(City,   borough,   town  or  township.) 

We,   the   undersigned,   hereby  certify :    That   we   reside   in 

election  district  in  the ward  of  the 

(City,   borough,   town  or  township.) 

and  that  we  are  qualified  voters  therein  ;  that  we  are  members  of  the 

party  and  that  at  the  last  election  for  members  of  the  General  Assembly  we  voted 
for  a  majority  of  the  candidates  whose  names  were  printed  upon  the  ticket  of 
said  party,  and  that  we  intend  to  affiliate  with  the  said  party  at  the  ensuing  elec- 
tion ;  that  we  endorse  the  person           hereinafter  mentioned  as  candidate 
for  nomination  to  the  office  of   and  we  request  that  you  print 


313 

upon  the  official  primary  ballot  of  said  party  the  name       of  the  said  person 
We  further  certify  that  the  residence         and  post-office  address         of  the   said 

person         so  endorsed   as  follows : 

(is  or  are) 

Name.  Residence.  P.  O.  Address. 


and  that  the  said  person   so   endorsed legally  qualified   under  the  laws 

(is  or  are) 
of  this  State  to  be  nominated  for  the  said  office. 

(Signature   of   Petitioners): 

Name.  Residence.  P.   O.   Address. 


State  of  New  Jersey^ 
County  of 

being  duly    upon  his 

(Sworn    or   affirmed) 

saith,  that  he  is  one  of  the  signers  of  the  petition  hereto 

(oath  or  affirmation) 

annexed ;  that  said  petition  is  signed  by  each  of  the  signers  thereto  in  his  own 

proper  handwriting ;  that  each  of  such  signers  is  to  the  best  of  the  knowledge  and 

belief  of  this    a  legal  voter  of  the  said  election  district,   as 

(deponent  or  affiant) 
stated  in  said  petition,  and  belongs  to  the  political  party  named  in  said  petition, 
and  that  such  petition  is  prepared  and  filed  in  absolute  good  faith  for  the  sole 

purpose  of  endorsing  the  person         therein  named  in  order  to  secure   

(his  or  their) 
nomination  as  candidate  for  office  as  stated  in  said  petition. 

before  me 

(Sworn  to  or  affirmed) 

this    day 

of 1914- 


Certificate    of   Acceptance    of    Nomination    for    Public    Office. 

[This    certificate   must    be    annexed    to    the    foregoing   petition.     See    Section    244.] 

I  hereby  certify  that  I  am  qualified  for  the  office  of    

mentioned  in  the  foregoing  petition,  and  that  I  consent  to  stand  as  a  candidate 
for  nomination  at  the  ensuing  primary  election,  and  that  if  nominated  I  agree  to 
accept  the  nomination. 


314 

No.    27. — Petition    Nominating    Candidate    for    Position    of   Delegate. 

[See   Sections   241,    243.    260.] 

To 

(City,  borough,  town  or  township  clerk.) 

Clerk  of  

(City,  borough,  town  or  township.) 

We,  the  undersigned,  hereby  certify :  That  we  reside  in   

election  district  in  the ward  of  the ,  and 

(City,  borough,  town  or  township) 

that  we  are  qualified  voters  therein  ;that  we  are  members  of  the 

party,  and  that  at  the  last  election  for  members  of  the  General  Assembly  we  voted 
for  a  majority  of  the  candidates  whose  names  were  printed  upon  the  ticket  of 
said  party,  and  that  we  intend  to  affiliate  with  the  said  party  at  the  ensuing  elec- 
tion; that  we  endorce  the  person         hereinafter  mentioned  as  candidate         for 

the  position  of  delegate        to  the  ensuing convention  of  the 

(State,  congressional,  county,  assembly,  city,  etc.) 
said  party ;  and  we  request  that  you  print  upon  the  official  primary  ballot  of  the 
said  party  the  name       of  the  said  person       .     We  further  certify  that  the  resi- 
dence     and  postoffice  address      of  the  said  person      so  endorsed 

(is  or  are) 
as  follows: 

Name.  Residence.  P.  O.  Address. 


and  that  the  said  person     so  endorsed    legally  qualified  under  the  laws 

(is  or  are) 
of  this  State  to  act  as  delegate      to  the  said  convention. 

(Signatures  of  petitioners): 

Name,  Residence.  P.   O.   Address. 


State  of  New  Jersey, 
County  of 


being  duly upon  his 

(sworn  or  affirmed)  (oath  or  affirmation) 

saith,  that  he  is  one  of  the  signers  of  the  petition  hereto  annexed ;  that  said  peti- 
tion is  signed  by  each  of  the  signers  thereto  in  his  own  proper  handwriting;  that 

each  of  such  signers  is  to  the  best  of  the  knowledge  and  belief  of  this 

(deponent  or  affiant) 


315 

a  legal  voter  of  the  said  election  district,  as  stated  in  said  petition,  and  belongs 
to  the  political  party  named  in  said  petition,  and  that  such  petition  is  prepared 
and  filed  in  absolute  good  faith  for  the  sole  purpose  of  endorsing  the  person 

therein  named  in  order  to  secure   selection  as  delegate       as  stated  in 

(hiB  or  their) 
said  petition. 

before  me 

(Sworn  to  or  affirmed) 

this    day 

of 1914' 


Plain  Certificate  of  Acceptance   of  Nomination  for  Position   of  Delegate. 

[This  certificate,   or  the  next   one,   must  be  annexed   to   the   foregoing   petition.     See 

Section   244.] 

hereby  certify  that    qualified   for  the  position  of  delegate 

(I  or  we)  (I  am  or  we  are) 

to  the  convention  mentioned  in  the  foregoing  petition,  that  consent 

(I  or  we) 
to  stand  at  the  ensuing  primary  election  as  candidate       for  the  position  of  dele- 
gate     to  the  said  convention,  and  that  if  chosen  as  such  delegate, will 

(I  or  we) 
act   as   such   delegate- 


Certificate  of  Acceptance  of  Nomination  for  Delegate,  with  Request  That 

Name  of  Person  Who  is  the  Acceptor's  Choice  for  Nomination 

at    the    Convention    be    Printed    on    Ballot. 

[This  c«rtlflcat©,   or   the  next  preceding   one,   must  be  annexed   to  the   last  foregoing 
petition.     See  Section  244.] 

,  the  undersigned,  hereby  certify  that   qualified  for  the 

(I  or  we)  (I  am  or  we  are) 

position  of  delegate       to  the  convention  mentioned  in  the  foregoing  petition,  that 

consent  to  stand  at  the  ensuing  primary  election  as  candidate       for 

(I  or  we) 

the  position  of  delegate  to  the  said  convention,  and  that  if  chosen  as  such  dele- 
gate   will  act  as  such  delegate ;  that request  that  the  name  of 

{I  or  we)  (I  or  we) 


3i6 


be  printed  opposite name  on  the  official  prim- 

(ntiy  or  our) 

ary  ballot  of  the  said  party  as choice  for 

(niy  or  our) 

I I !••.. ! 1 

(governor,   congressman,   senator,   surrogate,   sheriff,   mayor,   or  as  the  case  may  be.) 


No.    28. — Notice   of   Time   and   Place   of   Primary    Election. 

[This  notice  must  be  given  by  the  poll  clerks  by  five  or  more  copies  of  it  posted  at 
conspicuous  places  at  least  ten  days  before  the  primary  election.     Section  252.] 

Notice  is  hereby  given  that  a  primary  election  for  all  political  parties  will  be 

held  in  and  for  the Election  District,  in   , 

(city,   township,   or  as  the  case  may  be)  (location) 

at    ,   in   said   Election    District,   on   Tuesday,    September   22,    I9i4> 

between  the  hours  of  one  and  nine  o'clock  in  the  afternoon. 

Dated ,  A.  D.  19 14. 


Poll  Clerks. 


No.  29. — Official  Oath  of  Officers  Conducting  Primary  Election. 

[This  oath  must  be  taken  before  opening  the  primary  election.     Section  252.] 

State  of  New  Jersey,  County  of    ,  ss,\   I,    

a  member  of  the  board  of  registry  and  election  in  and  for  the   

Election  District,  in  the   ,  in  said  county,  do  solemnly  swear 

(city,  townshhip,  or  as  the  case  may  be) 
that  I  will  to  the  best  of  my  understanding  and  ability,  conduct  the  primary  elec- 
tion in   and   for  said    Election    District,   on   the   twenty-third  day   of   September, 
A.  D.  nineteen  hundred  and  thirteen,  honestly  and  in  accordance  with  the  law, 
so  help  me  God. 

Sworn  to  and  subscribed  before  me  this 
day  of  September,  A.  D.  19 14. 


3^7 


No.    30. — Petition    Nominating    Candidate    for    Public    Office. 

Primary  Act. 


Direct 


[See  Sections  289  to  293.] 

To 

Clerk  of  

We,  the  undersigned,  hereby  certify  that  we  reside  in  the   

of    ,   and  that  we   are   qualified   voters   therein ;    that   we  are 

members  of  the party,  and  that  at  the  last  election  for  mem- 
bers of  the  General  Assembly  we  voted  for  the  majority  of  the  candidates  whose 
names  were  printed  on  the  ticket  of  the  said  party,  and  that  we  intend  to  affiliate 
with  said  party  at  the  ensuing  election.  That  we  endorse  the  person.,  hereinafter 
named  as  candidate .  .  for  the  office  therein  named,  and  we  request  that  you  print 
upon  the  official  primary  ballot  the  name. .  of  the  said  person.. .  We  further  cer- 
tify that  the  residence   and   post-office   address   of   the  said   person   so   endorsed 

as  follows : 

(is   or   are) 


Office  to  be  Filled.      Name  of  Candidate. 


Residence. 


Post-Office   Address. 


CPrint   or   write   all    the   above   entries   very   plainly.] 
We  do  further  certify  that  the  said  person . .    so  endorsed   


legally 


(is  or  are) 
qualified  under  the  laws  of  this  State  to  be  nominated  for  said  office. 


Signature. 


Residence  and  Post  Office  Address. 


State  of  New  Jersey, 
County  of 


being  duly  sworn,  upon  his  oath  deposes  and  says  that  he 

is  one  of  the  signers  of  the  foregoing  petition ;  that  said  petition  was  signed  by 
each  of  the  signers  thereto  in  his  own  proper  handwriting;  that  each  of  the 
signers  thereto  is,  to  the  best  of  the  knowledge  and  belief  of  this  deponent,  a 

legal  voter  of county,  as  stated  in  said  petition,  and  belongs  to 

the  political  party  named  in  said  petition,  and  that  this  petition  is  prepared  and 


3i8 


filed  in  absolute  good  faith  for  the  sole  purpose  of  endorsing  the  persons  therein 
named  in  order  to  secure  their  nominations  as  candidates  for  oflfice,  as  therein 
stated. 

Sworn  to  before  me  this 
day  of  


,  1914.  J 


CERTIFICATE  OF  ACCEPTANCE. 

We  hereby  certify  that  we  are  legally  qualified  for  the  offices  for  which  wc 
have  been  endorsed  in  the  foregoing  petition  ;  that  we  consent  to  stand  as  candi- 
dates for  nomination  at  the  ensuing  primary  election,  and  that  if  nominated  we 
agree  to  accept  the  nominations. 


(This  blank  can  be  used  for  nominating  either  county  or  municipal  officers.) 


FORM   No.    31. 

[AfEidavlt  of  voter,  who,  by  reason  of  Illness  or  absence  from  the  State,  is  unable  to 
register  personally.     Section  349.] 

Affidavits   must   be   filed    with    the    District    Board   of    Election    on    or   before 

October  20,  1914. 


County  of 


} 


,   being  duly   sworn   according  to   law,  saith  that  he  is   a 

citizen  of  the  United  States  and  a  legal  voter  in  the   Election 

District  of  the Ward  of  the  City  of ,  County 

of ;  that  by  reason  of 

(Illn»'ss  or  absence  from  the  State  of 
New  Jersey,  as  the  case  may  be.) 
is  unable  to  register  personally  for  the  ensuing  general  election. 

He  further  deposes  and  says  that  his  name  is   ;  that 

his  place  of  residence  is ;  that  he  occupies 

(Street  and  number.) 

;   that  the  name  of  the  householder,  tenant, 

(State  number  of  room  or  floor  occupied.) 

subtenant  or  apartment  lesse  is ;  that  his  age  is 

years ;  that  he  has  resided  in  the  State  of  New  Jersey years ;  that 


319 

the  county  of  his  nativity  is ;  that  he  voted  last  in 

(Give  country,  State  or  province  of  birth.)  (Give  name  or  municipality.) 

in   business   under   the    name   of 

that  he  is  or 

employed  by 

present  is 

that  the  location  of  his  business  or  employment 

last  was 


(Signature) 
**Sworn  and  subscribed  to  before  me 
this day  of ,  1914- 


FORM  No.  32. 

[United  States  Government.     Section  428.] 

Affidavits  must  be  filed  with  the  District  Board  of  Election  on  or  before  the 
last  registry  day. 


State  of  . 
County  of 


}... 


,  being  duly  sworn  according  to  law,  on  his  oath  saith  that 

he  had  attained  the  age  of  twenty-one  years  and  has  a  legal  residence  in  the  State 
of  New  Jersey,  but  is  now  living  out  of  the  State,  in  the  employ  of  the  United 
States  Government;  that  he  has  the  right  to  and  desire  to  exercise  the  right  of 

franchise  in  the Election  District  of  the 

Ward  of  the of ,  County  of 

in  the  State  of  New  Jersey. 

He  further  deposes  and  says  that  his  name  is   ; 

that  his  place  of  residence  is , ;  that  he  occupies ; 

(Street  and  number) 
(state  number  of  room  or  floor  occupied) 
that   the    name    of   the    householder,    tenant,    subtenant    or    apartment    lessee    is 

;  that  his  age  is years ;  that  he  has 

resided  in  the  State  of  New  Jersey years ;  that  the 


♦If  the  voter  is  In  business  for  himself  or  with  others,  the  name  under  which 
he  is  so  in  business,  or  if  the  voter  is  employed  by  some  other  person,  the  name  of 
his  present  employer.  If  he  is  not  in  business  and  hs^  no  employment,  the  word 
"none"  shall  be  cntrrrd,  together  with  the  name  under  which  he  was  last  in  business 
or  the  name  of  his  last  employer,  if  any. 

♦•Tf  the  above  affidavit  is  talcen  outside  of  the  State  of  New  Jersey,  it  shall  be 
accompanied  by  a  proper  certificate  from  the  clerk  of  a  court  of  record,  in  the 
county  where  such  affidavit  Is  taken,  showing  the  authority  of  the  person  admin- 
istering the  oath  to  take  affidavits. 


320 

country  of  his  nativity  is   ;  that  he  voted  last  in 

(give  country,  state  or  province  of  birth) 

;  that  he  is  in  the  employ  of  the  United  States  Gov- 

Give  name  of  municipality.) 

ernment  as    

(give  name  of  department  or  bureau) 


(Signature) 


Sworn  and  subscribed  to  before  me 

at this day 

of ,  1914- 


FORM    No.    33. 

Designation    of   Campaign    Committee, 

I,  the  undersigned,  a  member  of  the   Party,  a  candidate 

for  nomination   for  the   ofl&ce  of    ,   do   hereby   name   and   ap- 
point        to   receive,   expend,   audit   and   disburse   all 

moneys  contributed,  donated,  subscribed,  or  in  anywise  furnished  or  raised,   for 
the  purpose  of  aiding  or  promoting  my  nomination  for  the  office  above  stated. 

Dated,   ,  191 

(Signed)    

We,  the  undersigned,  do  hereby  accept  the  above  appointment  and  consent  to 
act  as  such  committee. 


The  above  designation  must  be  filed  with  the  original  petition  of  nomination,  or 
within  five  days  thereafter,  and  shall  be  filed  with  the  official  authorized  to  receive 
and  file  the  original  petition  of  nomination. 


FORM    No.    34. 

[Candidates  for  office,  or  for  nomination  for  office,  to  be  filled  by  the  voters  of  a 
political  division  greater  than  a  county,  shall  file  this  statement  with  Secretary  of 
State,  Candidates  for  j.11  other  oflfices  shall  file  statements  with  county  clerk. 
Section   381.] 

State   of   New   Jersey, 
County  of    

I,    ,   having,  been   a  candidate  for    , 

at   the    election,    held    in    the    State    of 

New  Jersey,    on   the    '  day   of    ,    191     ,   do    solemnly 

swear  that  I  have  paid  the  sum  of  $ to 

(Naming  committee  designated  by  him) 
for  my  expenses  at  the  said  election,  and  no  more,  and  that,  excej     as  aforesaid.  I 


321 

have  not,  nor,  to  the  best  of  my  knowledge  and  belief,  has  any  person,  committee, 
club,  society  or  association,  on  my  behalf,  directly  or  indirectly,  made  any  pay- 
ment, or  given,  promised  or  offered  any  reward,  office,  employment,  or  valuable 
consideration,  or  incurred  any  liability  on  account  of  or  in  respec\  of  the  conduct 
or  management  of  the  said  election,  except  such  moneys  as  may  have  been  paid 
to  or  expenses  by  the  said  committee  designated  by  me. 


(Signed) 


Sworn   and  subscribed  before   me 

this    day   of    

191     . 


FORM    No.    35. 

Statement   bv   Tre.\surer   of   Campaign   Committee. 

[This,  -statement  must  give  the  names  of  each  contributor  or  the  source  from 
which  moneys  were  received,  and  an  itemized  statement  of  all  expendiures  over 
tive  dollars;  also  the  names  of  all  persons  to  whom  moneys  w^ere  paid,  the  specific 
nature  of  each  item,  by  whom  the  service  was  performed,  and  the  purpose  for 
which  it  was  expended,  and  be  filed  with  the  official  with  whom  candidate's  petition 
was  filed,  within  five  days  after  any  primary  election,  and  twenty  days  after  any 
general    election.     Section    380.] 

State   of   New  Jersey, 
County  of    

I, being    the    treasurer    of   the    committee    appointed   by 

to  receive  and  expend  funds  in  connection  with  his  candi- 
dacy for  the  office  of    ,  at  the    election, 

held  on  the    day  of    ,   191     ,  do  solemnly  swear  that 

the  following  is  a  true,  full  and  correct  statement  of  svich  receipts  and  expendi- 
tures : 

Receipts.  Expenditures. 


Sworn  and  subscribed  before  me  this 

day  of    A.   D. 

19T      . 


(Signed) 


Index  to  Instructions  to  Voters. 


Pacb 
Instructions  Relative  to  the  Duties  of  Officers  and  Voters — 

I-  Dates  of  General  and  Primary  Elections, 258 

II.  The  Governor,   358 

III.  The  Secretary  of  State,    258 

IV.  County  Clerk,    259 

V-  Township,   City  and  Municipal  Clerks,    260 

VI.  Governing   Boards   of   Municipalities,    262 

VII.  Chairman    of    State    Committee, 262 

VIII-  Chairman  of  County  Political  Committees,    262 

IX.  County   Committee,    . .  . ; 262 

X.  State    Committee,     262 

XL  Civil  Service   Commission,    262 

XII.  Judges  of  Court  of  Common   Pleas,    263 

XIII.  Nomination   of   Candidates,    263 

XIV.  Official   Ballots,    265 

XV.  County   Boards   of   Elections,    266 

XVI.  District  Boards  of  Registry  and  Election,    267 

XVII-  Privileges  and  Duties  of  Voters,    275 

XVIII,  Agents  or  Challengers,    276 

XIX-  Soldiers   and   Sailors,    277 

XX.  County  Canvassers,    ►. .  277 

XXI.  State  Canvassers,    279 

XXII.  Recount  of  Votes,    281 

XXIII.  Contested    Elections,    281 

XXIV-  The    Legislature,    , 282 

XXV.  House   of    Representatives,    283 

XXVI.  Presidential   Elector!,    283 

XXVII.  Incompatible  Offices,   284 

XXVIII-  Election   Districts,    285 

XXIX.  Compensation  of  Election  Boards,   285 

XXX.  Crimes  and  Penalties,   285 

XXXI.  Primary    Elections,    290 

XXXII.  Nominations  Under  Direct   Primary  Act,    291 

XXXIIL   State  Convention,   .• 293 


324 

Page. 
Forms — ■ 

No.     I.  Notice  of  election  by  Secretary  of  State  to  county  clerk, 297 

No.     2-  Notice  of  election  by  county  clerk  to  township,  city  and  other 

municipal   clerks,    297 

No-     3.  General  notice  of  election  by  township,  city  or  municipal  clerk,  298 
No.     4.  Certificate   by   the   Secretary  of   State   to   the   county   clerks   of 

names   of  candidates,    298 

No.     5-  Certificate  by  county  clerk  to   Secretary  of  State  of  names  of 

candidates,    299 

No.     6.  Notice  by  township,  city  or  municipal  clerk  to  district  board  of 

registry    and    election    of    location    of    room,    registry    and 

election,    • 300 

No-     7.  Affidavit  of  voter  for  registration,    300 

No.     8.  Certificate  of  nomination  by  party  convention, 301 

No.     9-  Certificate  of  nomination  to  fill  vacancy,   302 

No.   10.  Nomination  by  petition,    303 

No.   1 1.  Nomination  by  petition  to  fill  vacancy,    304 

No.   12.  Certificate  of  appointment  by  board  of  registry  and  election,..  305 
No-   13.  Certificate  of  county  board  of  election  that  name  of  voter  has 

been  added  to   register,    306 

No.   14-   Notice  of  application  to  county  board  of  election  to  have  name 

of  registered  person  stricken  from  the  register, 306 

No.   15.  Certificate  of  county  board  of  elections  that  a  name  has  been 

erased  from  the  register, 307 

No.   16.  Oath  of  members  of  county  boards  of  elections  and  of  district 

boards  of  registry  and  election,    308 

No.   17.  Appointment  of  agent  or  challenger,    308 

No-   18.  Permit  to  agent  or  challenger,    308 

No-   19-  Transfer  certificate,    309. 

No.   19a.  Certificate  directing  transfer  of  voter,    309 

No.  20.  Receipt   for  ballots,    310 

No.  21.  Heading    in    poll-book,     3i"0 

No.  22.  Entry  in  poll-book  on  adjourning  for  dinner,    310 

No-  23-  Entry  in  poll-book  at  close  of  election, 311 

No-   24.  Oath  of  person  who   claims   assistance  by   reason  of  blindness 

or  inability  to  read  or  write 311 

No.  25.  Commission   of   messenger  to   obtain   missing   statement   of   the 

result  of  an  election,    312 

No.  26.  Petition  for  nominating  candidate  for  public  office, 312 

No.  27.  Petition  nominating  candidate  for  position  of  delegate, 314 

No.  28.  Notice  of  time  and  place  of  primary  election,   316 

No-  29.  Official  oath  of  officers  conducting  primary  election, 316 

No-  30.  Petition  nominating  candidate  for  public  office,  direct  primary 

act,    317 

No.  31.  Affidavit  of  voters,  municipalities  over  5,000,   318 

No.  32.  Affidavit  of  voters,  government  employees, 319 

No-  33.  Designation   of   campaign    committee, 320 

No.  34-  Statement  by  candidate, 320 

No.  35-  Statement  by  treasurer  of  campaign  committee,    321 


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